General Terms and Conditions of Sale (GTC)
(The following General Terms and Conditions also include legal information about your rights under distance selling and e-commerce regulations.)
1. Scope of Application
1.1 These General Terms and Conditions of Sale (GTC) apply to sales contracts between Limitless eCom GmbH, Warthestraße 21, 14513 Teltow (hereinafter, the “Seller”) and the customer (hereinafter, the “Customer”) via the Diamond Smile online store (www.diamondsmileteeth.es), regardless of whether the Customer orders goods as a consumer or as a business.
1.2 You can contact our customer service for questions, complaints, and objections on weekdays from 10:00 a.m. to 5:00 p.m. by email at support@diamondsmileteeth.es.
1.3 A consumer in the sense of Section 13 of the German Civil Code (BGB) is any natural person entering into a legal transaction for purposes that are predominantly outside their trade or professional activity. An entrepreneur in the sense of Section 14 (1) BGB is a natural or legal person or a legally competent partnership who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
1.4 Divergent conditions from the customer will not be recognized unless the seller expressly accepts them. These General Terms and Conditions also apply if the seller delivers to the customer without reservation, knowing about the contrary or divergent conditions of the customer.
2. Offers and Service Descriptions
2.1 The presentation of products in the online store does not constitute a legally binding offer but an invitation to order. Product descriptions in catalogs or on the seller’s website are not guarantees.
2.2 All offers are valid "while stocks last," unless otherwise indicated for specific products.
3. Order Process and Conclusion of Contract
3.1 The customer can select products without obligation and place them in a shopping cart by clicking “Add to Cart.” Then the customer can proceed to checkout by clicking “Checkout.”
3.2 By clicking “Order Now,” the customer submits a binding purchase request for the products in the shopping cart. Before submitting the order, the customer can modify and review their data. Required data is marked with an asterisk (*).
3.3 The seller will then send an automatic acknowledgment by email listing the customer’s order, which can be printed (“Order Confirmation”). The automatic acknowledgment only confirms receipt and does not constitute acceptance of the order. The sales contract is only concluded when the seller confirms shipment by a separate email or by shipping the goods.
3.4 If delivery is not possible, for example, because the product is out of stock, the seller will not issue an acceptance declaration. In this case, no contract is concluded, and any payment already received will be refunded immediately.
3.5 The contract will be concluded in Spanish.
4. Prices and Shipping Costs
4.1 All prices shown on the seller’s website include applicable VAT.
4.2 In addition to the prices, the seller will charge shipping costs. These will be clearly displayed to the buyer separately and during checkout. Any customs duties or local taxes are borne by the customer.
4.3 Goods are shipped by mail. The risk of shipment is borne by the seller if the customer is a consumer. If the customer orders as a business, and unless otherwise agreed, delivery is “ex works” (EXW according to Incoterms® 2010), meaning the risk passes to the customer once the goods are handed over to the carrier.
4.4 In the case of revocation, the customer bears the direct costs of return shipping.
4.5 Returns should be sent to:
Limitless eCom GmbH
Warthestrasse 21
14513 Teltow
5. Delivery and Availability of Goods
5.1 Delivery times are calculated from order confirmation, subject to payment of the purchase price.
5.2 If the product is unavailable at the time of order, the seller will immediately inform the customer. If the product is permanently unavailable, no contract is concluded.
5.3 If the product is temporarily unavailable, the seller will inform the customer and may offer a comparable product.
5.4 Deliveries are restricted to customers residing in France.
5.5 Payment in advance must be received before delivery.
5.6 Partial deliveries are allowed if reasonable; extra shipping costs are borne by the seller.
5.7 Goods are delivered to the address specified by the customer.
5.8 If delivery fails after three attempts, the seller may rescind the contract; payments made will be refunded minus any damages.
6. Payment Methods
6.1 Unless otherwise agreed, the purchase price is due immediately after contract conclusion.
6.2 Customers can choose among available payment methods during checkout:
7. Retention of Title
The seller retains ownership of the goods until full payment, including VAT and shipping costs, is received.
8. Warranty for Material Defects
8.1 The seller is liable for material defects under applicable law (§§ 434 ff. BGB). For business customers, the warranty period is 12 months.
8.2 Additional guarantees exist only if expressly stated in the order confirmation.
9. Liability
9.1 Claims for damages are excluded except for injury to life, body, or health or breaches of essential contractual obligations.
9.2 For material contractual breaches, liability is limited to foreseeable typical damages caused by simple negligence.
9.3 These limitations also apply to legal representatives and agents.
9.4 Limitations do not apply if the seller fraudulently concealed defects or provided a quality guarantee.
10. Storage of Contract Text
10.1 The customer can print the contract before submitting the order.
10.2 The seller will also send an order confirmation by email, including the GTC, cancellation policy, shipping information, and payment and delivery terms.
11. Money-Back Guarantee
11.1 If the Premium Teeth Whitening Set is used correctly and teeth do not whiten by at least 2 shades, the customer can claim a refund under specific conditions (documented photos, correct usage, timeline adherence).
11.2 Shade chart: link
11.3 Photos must be in similar lighting, with date/time stamps, and show teeth with the shade chart. Retouched photos are not accepted.
11.4 Claims must be made within 14 days of purchase.
11.5 After approval, return goods to the seller.
11.6 Return shipping costs are borne by the buyer.
12. Data Protection
12.1 Personal data will be used in accordance with data protection law.
12.2 Data will be used for order processing, customer relationship management, payment processing, delivery, and, if necessary, transmitted to service partners. Marketing will require prior consent.
12.3 Customers can object to marketing and revoke consent at any time.
12.4 Further details are in the privacy policy.
13. Online Dispute Resolution
13.1 Consumers can use the EU Online Dispute Resolution Platform: link.
13.2 The seller does not participate in dispute resolution before consumer arbitration boards.
14. Place of Performance, Jurisdiction, Applicable Law, and Language of Contract
14.1 Contracts are governed by German law, excluding the CISG. Mandatory provisions of the consumer’s habitual residence are unaffected.
14.2 For business customers, public entities, or special public assets, the place of jurisdiction is the seller’s registered office.