Terms and Conditions

Last updated: 18.11.2025

Pearl Smile GmbH
Adersstraße 21
D-40215 Düsseldorf
Germany

Phone: +49 (0)211 416 670 89
E-mail: inquiries@pearlsmile.de

Website: www.pearlsmile.de / www.pearlsmile.com

1. Scope

1.1 These Terms and Conditions (hereinafter “Terms”) apply to all purchase contracts concluded between Pearl Smile GmbH (hereinafter “we”, “us” or “Seller”) and you as our customer (hereinafter “you” or “Customer”) via our online shop.

1.2 The Terms apply to consumers and business customers alike.

“Consumer” means any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
“Entrepreneur” means a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession.

1.3 Differing, conflicting or supplementary terms and conditions of the Customer shall not apply, unless we have expressly agreed to their validity in writing.

2. Conclusion of contract

2.1 The presentation of products in our online shop is not a binding offer, but an invitation for you to place an order.

2.2 You can place products in the shopping cart and go through the order process using the online order form. Before submitting your order, all details can be checked and corrected using the usual browser and form functions. By clicking the button that completes the order process, you submit a binding offer to conclude a purchase contract for the items in your shopping cart.

2.3 We may accept your offer in particular by one of the following actions:

a) sending you an order confirmation by e-mail; or
b) shipping the goods to you; or
c) requesting payment via the selected payment service.

The contract is formed at the time the first of these events occurs.

2.4 The contract text (your order details and these Terms) will be stored by us. You will receive the order details and our Terms by e-mail. If you have created a customer account, you can also view certain past orders after logging in.

2.5 The contract languages are German and English. In case of discrepancies between the language versions, the German version shall prevail.

3. Right of withdrawal for consumers

3.1 If you are a consumer, you have a statutory right of withdrawal when purchasing via our online shop.

3.2 The conditions, deadlines and consequences of the right of withdrawal are set out in our separate “Right of Withdrawal / Return Policy”, which forms part of these Terms.

4. Prices, shipping costs and payment

4.1 All prices shown in the online shop are total prices and include statutory value added tax (VAT), where applicable.

4.3 For deliveries outside the European Union, additional costs may be incurred in individual cases, such as customs duties, import taxes or fees charged by banks for currency conversion. These costs are borne by you and are not charged by us.

4.2 Shipping costs may apply in addition to the product prices. The applicable shipping costs are shown during the order process and on the “Shipping & Payment” information page.

4.4 Payment is made exclusively via the payment methods offered through PayPal at checkout (for example PayPal balance, direct debit, credit card, local payment methods, if available in your country).

4.5 When choosing a payment method offered via PayPal, payment processing takes place via PayPal (Europe) S.à r.l. et Cie, S.C.A. Your contractual relationship regarding payment is then partly governed by PayPal’s terms of use.

4.6 Unless otherwise stated, the purchase price is due immediately upon conclusion of the contract. If payment cannot be collected or is reversed, we are entitled to claim reimbursement of any costs incurred.

5. Delivery, shipping and availability

5.1 We ship our products worldwide, unless otherwise stated on the product page or during checkout. Certain countries may be excluded for legal or logistical reasons; this will be visible during the order process.

5.2 The goods will be delivered to the delivery address you provided during the order process.

5.3 The applicable delivery times are indicated for each product and/or in our “Shipping & Payment” information. They may vary depending on the destination country.

5.4 If a delivery to you cannot be made due to reasons for which you are responsible (for example, incorrect address, failure to accept the shipment despite notification), we may charge you for the reasonable costs incurred for the unsuccessful shipment and any return, unless you validly exercise your right of withdrawal.

5.5 If you have ordered multiple items in one order and some are temporarily unavailable, we may make partial deliveries at our cost, where this is reasonable for you.

5.6 If a product becomes permanently unavailable after conclusion of the contract and we are not supplied by our own suppliers through no fault of our own, we may withdraw from the contract. In this case we will inform you immediately and refund any payments already made.

6. Retention of title

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

6.2 If you are an entrepreneur, the following additionally applies:

We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full.
You may resell the goods in the ordinary course of business; you hereby assign to us by way of security all claims arising from such resale in the amount of the invoice value. We accept this assignment.

7. Warranty (defects liability)

7.1 Your statutory rights in case of defects apply.

7.2 If the delivered goods are defective, you may, within the statutory limits:

request subsequent performance (repair or replacement),
if statutory requirements are met, reduce the purchase price or
withdraw from the contract, and
claim damages under the conditions of section 8.

7.3 If you are a consumer, we kindly ask you – without any legal obligation – to complain to the carrier about any obvious transport damage and to inform us. Failure to do so will not affect your statutory warranty rights.

7.4 For entrepreneurs, the statutory provisions on inspection and notification of defects (for example in accordance with § 377 HGB) apply.

8. Liability

8.1 We shall be liable without limitation for:

a) intent and gross negligence,
b) damages arising from injury to life, body or health,
c) liability under the Product Liability Act, and
d) any other cases of mandatory liability.

8.2 In the event of slight negligence, we shall only be liable for breach of an essential contractual obligation (an obligation whose fulfilment is a prerequisite for the proper execution of the contract and on whose fulfilment you regularly rely). In such cases, our liability is limited to foreseeable damages typical for this type of contract.

8.3 The above limitations of liability also apply to our legal representatives and vicarious agents.

9. Applicable law

9.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

9.2 If you are a consumer and your habitual residence is in a country other than Germany, you will also be protected by the mandatory provisions of the law of that country.

10. Place of jurisdiction

10.1 If you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our registered office in Düsseldorf, Germany.

10.2 The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual residence is unknown at the time the proceedings are initiated.

10.3 Statutory provisions on exclusive places of jurisdiction remain unaffected.