MDO General Terms & Conditions
General Terms and Conditions valid from 13th of January 2022
MDO Cosmetic Dermatology GmbH
MDO Brand and Logo are registered in the U.S. Patent and Trademark Office. The products of MDO Cosmetic Dermatology GmbH are cosmetic products within the meaning of the applicable law, for instance Article L. 5131-1 of the French public health code. These products are governed by the provisions of Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products.
- These General Terms and Conditions, in the version valid at the time of conclusion of the contract (the "GT&Cs"), apply to all Orders placed by a customer (the "Customer" or "you") and all purchase agreements concluded via the online shop mdo-skin.com (the "Online Shop") of MDO Cosmetic Dermatology GmbH, Giesshübelstrasse 62D, 8045 Zurich, Switzerland; Phone: +41 44 585 75 65; Email: firstname.lastname@example.org ("MDO", "we" or "us").
- Our Online Shop is aimed exclusively at consumers. A consumer is any natural person who is acting for purposes which are not related to his or her trade, business or
2. Conclusion of the Contract
- Contracts are concluded in English The contracting party is MDO Cosmetic Dermatology GmbH, Giesshübelstrasse 62D, 8045 Zurich, Switzerland.
- Displaying the products in our Online Shop does not constitute an offer for the conclusion of a purchase agreement. By clicking on the button "Order now and pay" you are placing an order for the item(s) in the shopping cart (the "Order"). Before submitting your Order, you have the opportunity to correct input errors by returning to the previous page or by clicking on the "Change order" button in the order overview. We will confirm receipt of the Order by email immediately after the Order is sent. A binding contract is concluded upon receipt of the Order confirmation.
- The purchase agreement is stored by us after conclusion of the contract, however it is no longer accessible to you. In the Order confirmation sent by us, the GT&Cs in their version in force at the time of placing the Order and the contents of the contract are reproduced on a durable medium. We recommend that you keep a record of these for future reference. In addition, these GT&Cs continue to be available in our Online Shop in their then current version.
3. Prices, Delivery and Delivery Charges
- The prices stated at the time of ordering in our Online Shop apply. All prices quoted in the Online Shop are in EUR, CHF or USD. The prices quoted are final prices, that is, they include the respectively valid
- The delivery will be sent to the delivery address specified by you. We only deliver within the following countries: Belgium, France, Germany, Netherlands, Poland, Switzerland, Austria, Italy, United States of
We will show you the standard delivery times before you place your Order.
- We can apply a delivery charge to each Order. We will show you the amount of the delivery charge before you place your Order. No other costs are
- The goods shall only be sent following receipt of the full purchase price. We are entitled to commission third parties to process and deliver the goods.
- If you are a resident of the Netherlands, the goods shall be sent following receipt of at least 50% of the full purchase price. We are entitled to commission third parties to process and deliver the
4. Payment Terms
- We accept credit cards and PayPal as payment
- If you choose to pay by credit card, we will charge your credit card account.
- If you choose to pay by PayPal, you will be redirected to the PayPal website. The contractual terms of PayPal
5. RIGHT OF WITHDRAWAL
You are entitled to withdraw from the contract in accordance with the following information on the right to withdrawal. For contracts for the supply of sealed goods, which are not suitable for return due to health protection or hygiene reasons, if such goods were unsealed after delivery, your right to withdraw shall expire prematurely if the sealing is removed after delivery.
6. Defects, Customer Service, Liability
- You may raise statutory claims for defects in the event of defects.
- If you have any questions about a defect or if you wish to settle a claim for defects, you can contact Customer Service by emailing email@example.com or by calling +41 44 585 75 65.
- The liability of MDO for damages caused by slight negligence, irrespective of its legal ground, shall be limited as follows:
- MDO shall be liabile up to the amount of the foreseeable damages typical for this type of contract due to a breach of material contractual obligations;
- MDO shall not be liable due to a slightly negligent breach of any other duty of care applicable for ordinary
- The aforesaid limitations of liability shall not apply to any mandatory statutory liability, in particular to liability under the German Product Liability Act (Produkthaftungsgesetz), and liability for culpably caused injuries of life, body or In addition, such limitations of liability shall not apply if and to the extent MDO has assumed a specific guarantee.
- Sections 6.3 and 6.4 shall apply accordingly to MDO's liability for futile
- The aforementioned limitation of liability also applies to the personal liability of our employees, managing directors and vicarious
- For residents of France or Italy: The aforementioned limitations of liability do not apply to contracts concluded with residents of France or However, we are not liable in case of damages resulting from your fault or in case of an unforeseeable or insurmountable act of a third party to the contract, or in case of a force majeure event.
7. Representations and Warranties for residents of the United States of America
- MDO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS INCLUDED IN AND SOLD VIA OUR ONLINE SHOP. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, MDO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION. MDO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE ONLINE SHOP, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO
8. Statutory Warranty of Conformity and Hidden Defects for residents of France
- If you are a resident of France, and in case there is a lack of conformity appearing within twenty-four (24) months of delivery of the items, you are entitled to a statutory warranty of conformity in accordance with Articles 217-4 and following the French Consumer Code as follows.
- Any Order is also covered by the statutory warranty against hidden defects provided for by Articles 1641 and following of the French Civil Code.
- If you have any questions about a defect or if you wish to settle a claim for defects, or more generally for any question you may have or information you may need in relation with the items or the Order, you can contact Customer Service by emailing firstname.lastname@example.org or by calling +41 44 585 75 65 (non-premium number, except potential cost depending on your operator) (your call will be transferred to a French-speaking person).
9. Statutory Warranty of Conformity and Hidden Defects for residents of Belgium
- If you are a resident of Belgium, and in case there is a lack of conformity appearing within twenty-four (24) months of delivery of the items, you are entitled to a statutory warranty of conformity in accordance with Articles 1649bis to 1649octies of the Civil Code (Burgerlijk Wetboek) as follows.
- Any Order is also covered by the statutory warranty against hidden defects provided for by Articles 1641 to 1649 of the Civil
10. Statutory Warranty of Conformity for residents of Italy
- If you are a resident of Italy, and in case there is a lack of conformity appearing within twenty-four (24) months of delivery of the items, you are entitled to a statutory warranty of conformity provided that you inform us about the defect within two (2) months from the day the defect becomes evident.
- If you have any questions about a defect or if you wish to settle a claim for defects, or more generally for any question you may have or information you may need in relation with the items or the Order, you can contact Customer Service by emailing email@example.com or by calling +41 44 585 75 65 (non-premium number, except potential cost depending on your operator). Your call will be transferred to an Italian-speaking person, unless you are fine with a different language.
11. Manufacturer guarantee for electrical devices
- As a manufacturer, we guarantee for a period of 12 months from the date of first purchase that this device has no manufacturing-related material or processing defects. Within the warranty period, we will remedy all manufacturing-related material or processing defects free of charge by repairing or replacing the device at our discretion. The guarantee right applies within the European Union.
Note: If the device is defective, you are entitled to the statutory warranty rights vis-à-vis your seller. The use of these free rights is not restricted by this guarantee.
- This guarantee does not apply to defects that can be traced back to failure to observe the instructions for use, improper use or improper handling, normal wear and tear, unauthorized product changes, environmental incidents or the use of force.
- To make use of the guarantee, please send the device with the original purchase receipt / invoice to:
- USA, CANADA, AMERICAS - Senyx LLC, 550 Coralridge Place, La Puente, California 91746, United States
- EUROPE, SWITZERLAND ETC - EC Express-Courier-Dienst GmbH, c/o Byrd Technologies GmbH and MDO Cosmetic Dermatology GmbH, Wuppertaler Straße 80, 45549 Sprockhövel, Germany.
- Middle EAST: AL Bogari Trading Co LLC/ Farfill Warehouse, WH No. 1, DIP 1, Midtech Warehouse (Perfetto), Dubai, United Arab Emirates / UAE
If you have any questions about the handling of your MDO Facial Sculpting Wand or MDO Skin Hydro Boost, please contact our customer service at:
Phone: 011800 58575655 - USA 00800 585756555 - rest of the world
12. Data Protection
We process personal data for purposes of your Order. Please see our Data Privacy Statement for further information about our data processing operations.
- Statements documented in text form, in particular email and fax, shall be considered written statements of a
- Should individual provisions of these GT&Cs prove to be invalid or ineffective, this shall not affect the validity and effectiveness of the remaining parts of the GT&Cs.
- MDO may assign claims from or in connection with the contract to third parties. In this case, the Customer will be informed in advance in writing and will have the right to object to the said assignment in the event that it results in a reduction of his/her rights.
- All legal relationships between the Customer and MDO, including these GT&Cs, are subject to German law to the exclusion of international private law. Please see below for some exceptions:
- The United Nations Convention on Contracts for the International Sale of Goods does not
- If you are resident of France, Belgium, Poland or Italy, you may nevertheless benefit from all the mandatory provisions of the applicable local law as long as they are more protective than the provisions of German law and any dispute arising under these GT&Cs shall be subject to the exclusive jurisdiction of the courts of your place of residence or domicile, even in the event of warranty claims or multiple
- The European Commission provides a platform for online dispute resolution (OS Platform), which can be accessed at www.ec.europa.eu/consumers/odr. However, MDO is not obligated to participate in dispute resolution procedures before a consumer conciliation body and is not willing to do
- Statements made about products have not been evaluated by the U.S. Food and Drug Administration (FDA), the European Commission or any other government regulatory authority and the results reported, if any, may not necessarily occur in all individuals. The statements and products sold through the Online Shop are not intended to diagnose, treat, cure or prevent any condition or disease.