Terms & Conditions
Last Updated: October 2024
1. Scope
1.1. These General Terms and Conditions (hereinafter: GTC) apply to all contracts concluded via our online store (purchase contract and subscription) between us,
Distil Skincare LLC (Ao Skincare),
122 15th Street, Box 3023
Del Mar California 92014
USA
Phone: +1 (415) 653-3939,
Email: onlinestore@aoskincare.com
(we or Ao), and ‘You’ (as a customer), as well as for the use of our website www.aoskincare.com by you.
1.2. All agreements made between you and us in connection with the use of our website and the purchase contract or subscription result in particular from these GTC, our written order confirmation and our declaration of acceptance.
1.3. The version of the GTC valid at the time of use of the website or at the time of conclusion of the purchase agreement or subscription shall apply.
1.4. We do not accept any deviating terms and conditions of the customer. This also applies if we do not expressly object to their inclusion.
1.5. We sell our goods only to consumers and only for private use. A commercial resale of our goods is prohibited.
2. Conclusion of a purchase agreement
2.1. The presentation and advertising of products in our online store do not constitute a binding offer to conclude a purchase contract.
2.2. By submitting an order via the online store by clicking the button "order subject to payment", you place a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; your right to revoke your order, if any, according to § 4 remains unaffected.
2.3. We will confirm the receipt of your order placed via our online store immediately by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, the acceptance is declared at the same time.
2.4. A contract is only concluded when we accept your order by a declaration of acceptance or by delivery of the ordered products.
2.5. If the delivery of the products ordered by you is not possible, for example because the corresponding product is not in stock, we refrain from a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and refund any consideration already received without delay.
3. Conclusion of a subscription (installment delivery contract)
3.1. If you have ordered a subscription bundle or kit, a contract for the regular delivery of the product is only concluded when we accept your order by means of a declaration of acceptance.
3.2. The subscription is concluded for a limited period of 1 month. The subscription is automatically renewed for an indefinite period of time if it is not revoked in accordance with § 4 or terminated in accordance with § 3 or if you make use of the money-back guarantee in accordance with § 5.
3.3. You can cancel the subscription at any time without notice and without giving any reason with effect for the future.
3.4. We may terminate the subscription for cause with 4 weeks' notice prior to the expiration of the subscription.
3.5. If the delivery of the products ordered by you is not possible, for example because the corresponding product is not in stock, we refrain from a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and refund any consideration already received without delay.
4. Right of Withdrawal
4.1. As a consumer, you are entitled to a right of withdrawal in accordance with the statutory provisions.
4.2. If you make use of your right of revocation according to § 1, you have to bear the regular costs of the return.
4.3. In all other respects, the right of revocation shall be governed by the provisions set forth in detail in the following
- Start of withdrawal policy -
Right of withdrawal
You have the right to cancel this contract (purchase contract or subscription) within fourteen days without giving any reason.
The withdrawal period for the conclusion of a purchase contract is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
The cancellation period for subscriptions is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the first goods.
In order to exercise your right of withdrawal, you must inform us, Distil Skincare LLC (Ao Skincare), 122 15th Street, Box 3023, Del Mar California 92014, USA, Tel.: +1 (415) 653-3939, by means of a clear declaration (e.g. a letter or email sent by post) of your decision to withdraw from this contract.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you revoke this contract (purchase contract or subscription), we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
- End of the withdrawal policy -
4.4. The right of withdrawal expires prematurely if you have removed the seal from our products sealed for reasons of health protection and hygiene after delivery (e.g. have opened the product bag).
5. 60-day money-back guarantee
If you do not like our product/s (excluding 30-day trial subscriptions), you can initiate a refund of your first order within 60 days of your first order with us by emailing onlinestore@aoskincare.com without giving any further reason. In this email, you need to provide your name, your order number, the date of your order and your address. We will then tell you how and to which address you need to return the product to us in order to receive your refund. Refunds will be made within 6 weeks of receipt of the returned product. Please note that the return shipping costs cannot be reimbursed. Further conditions apply.
6. Terms of delivery and payment in advance
6.1. Our delivery takes place after receipt of the purchase price plus shipping costs (prepayment).
6.2. The delivery time is approximately five to ten (5 to 10) business days after payment of the purchase price and shipping costs.
6.3. If a subscription has been taken out, delivery will be made monthly by default. You can optionally set the delivery intervals to every 15, 30, 45 or 60 days by declaration to us.
7. Prices and shipping costs
7.1. All prices in our online store are gross prices including the statutory sales tax and do not include shipping costs.
7.2. The shipping costs are indicated in our price quotations in our online store. The price including VAT and applicable shipping costs is also displayed in the order mask before you submit the order.
7.3. If a subscription has been taken out, the indicated price (including shipping costs) will be charged again for each additional delivery.
7.4. If you effectively revoke your contractual declaration in accordance with § 4, you may, subject to the statutory requirements, demand reimbursement of any costs already paid for shipment to you (delivery costs) (cf. on other consequences of revocation § 4 para. 4.3).
8. Terms of payment and set-off and right of retention
8.1. The purchase price and shipping costs are to be paid in advance.
8.2. You can pay the purchase price and shipping costs at your choice using one of the payment methods available in our online shop.
8.3. If a subscription has been taken out, you give us a direct debit authorization to debit your specified means of payment for the following deliveries. We will automatically initiate the debit of your account at the earliest 1 week before dispatch of the next delivery. The granted direct debit authorization is valid until revoked and also for further orders within the subscription.
8.4. You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract or subscription.
8.5. As a purchaser or subscriber, you may only exercise a right of retention if your counterclaim arises from the same purchase contract or subscription.
9. Warranty
9.1. We shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
9.2. Any seller's warranties given by us for certain items or manufacturer's warranties granted by the manufacturers of certain items shall be in addition to the claims based on material defects or defects of title within the meaning of § 9.1. Details of the scope of such warranties can be found in the warranty conditions that may be enclosed with the articles as well as in § 5.
10. Use of our websites
10.1. You are authorized to use our website subject to the following terms and conditions:
undefinedundefinedundefinedundefined
10.2. You are obligated to indemnify us against all claims of third parties based on a culpable violation on your part of the obligations contained in § 10.1.
10.3. You grant us a non-exclusive, geographically and temporally unlimited, royalty-free right, revocable at any time, to use, reproduce, modify, adapt, publish, translate, distribute and display any content generated by you on our website in connection with the name provided when the content was created.
10.4. We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
10.5. In other cases, we shall be liable - unless otherwise provided for in § 11.3 - only in the event of a breach of a contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in § 11.3.
10.6. Our liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
12. Intellectual property
We have copyrights or rights of use to all logos, images, films, texts and other content published on our website. Use of the logos, images, films, texts, other content and our trademarks is not permitted without our express prior consent.
13. Disclaimer for content on third-party websites
We are not responsible for content on linked external third-party websites over which we have no control. These links are provided solely as a convenience to users and do not constitute an endorsement or approval of the content by us.
14. Data protection information
We comply with the data protection requirements of the EU General Data Protection Regulation and the applicable national data protection regulations. For more information, please refer to our privacy policy.
15. Changes to the GTC, setting the operation of the website
15.1. We reserve the right to change these GTC at any time, insofar as this is necessary due to a changed legal situation or supreme court case law, technical changes or further developments, new organizational requirements of mass traffic, further developments of the business model, loopholes in the GTC, changes in market conditions or other reasons and provided that the changes do not disadvantage you unreasonably. We will notify the subscribers of our products at least four weeks before they come into effect by email or other suitable means. Changes that only affect new functions or products or that are not associated with any additional obligations or burdens on you take effect immediately. The changes are considered approved if you do not object to the changes within four weeks after our notification. In the event of a change in the GTC, we will specifically point out the possibility of objection and the importance of the deadline. If you make use of your right of objection, we have the right to terminate all contracts with you with effect from the point in time at which the changed GTC are to come into force. We will also point this out to you in our notification.
15.2. We are free to stop the operation of our website at any time.
16. Assignment
We may assign all contracts with you and our resulting rights and obligations therefrom in whole or in part to another legal person, in particular to an affiliated company, or in connection with a corporate transaction or an asset deal.
17. Applicable law and place of jurisdiction, dispute resolution
17.1. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
17.2. If you do not have a general place of jurisdiction in Germany, move your domicile or usual place of residence outside of Germany after the conclusion of the contract, or your domicile or usual place of residence is not known at the time of a lawsuit, place of jurisdiction shall be Berlin or Munich. Apart from that, the place of local or international jurisdiction shall be governed by applicable statutory provisions.
17.3. Dispute resolution: The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available here. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
Contact Information
Questions about the Terms of Service should be sent to us at onlinestore@aoskincare.com
Read our full Privacy Policy. Read our Refund Policy.