General Terms and conditions

1. Scope of application

1.1 These General Terms and Conditions ("GTC") apply to all contracts concluded via the Mallia Aesthetics web shop on www.8T3.com ("Webshop") with Mallia Aesthetics GmbH, Henkestraße 91, 91052 Erlangen, Germany ("Mallia Aesthetics") and with consumer customers ("Consumer Customer").

1.2 The business relationship between Mallia Aesthetics and the Consumer Customer is governed exclusively by these GTC in the version valid at the time of the order. Deviating or supplementary terms of the Consumer Customer do not become part of the contract unless Mallia Aesthetics has expressly agreed to their validity.

1.3 The Consumer Customer is a consumer, i.e., any natural person who enters into a legal transaction for purposes that predominantly are outside such person’s trade, business, or profession.

1.4 Natural persons must have reached the age of 18.

1.5 If, after the contract has been formed, Mallia Aesthetics becomes aware that the purchaser is not a consumer but a business, Mallia Aesthetics may rescind the contract within a reasonable period; any existing rights of avoidance or other rights of Mallia Aesthetics remain unaffected, and consumer law provisions (e.g., right of withdrawal) do not apply to businesses in any event.

1.6 The following delivery restrictions apply: Mallia Aesthetics delivers only to Consumer Customers whose habitual residence (billing address) is in one of the following countries and who can provide a delivery address in the same country: Member States of the European Union.

1.7 The purchase of goods via the consumer shop for the purpose of commercial resale ("resale") is not permitted; Mallia Aesthetics reserves the right to refuse or cancel such orders.

1.8 The contract language is German only; the version of these GTC displayed in the Webshop at the time of the order and incorporated into the contract is authoritative.

2. Registration

2.1 Placing an order via the Webshop requires a customer account, which is also created via www.8T3.com.

2.2 When registering, the Consumer Customer must provide accurate and complete information for all requested data.

2.3 After entering the required registration data and completing registration, the Consumer Customer receives an email with a link to confirm registration (double opt-in); upon confirmation, the account is created and activated.

2.4 The Consumer Customer sets a password to access and manage the account; the password must be suitably secure and protected against unauthorised access, and access data must not be shared.

2.5 If the Consumer Customer suspects that access data have been compromised, the Consumer Customer must immediately change them in the account and inform Mallia Aesthetics by email or phone; if Mallia Aesthetics suspects unauthorised use, it may temporarily block access and inform the Consumer Customer.

3. Conclusion of contract, scope of performance, written form

3.1 The products and information shown in the Webshop do not constitute a legally binding offer but an unbinding online catalogue respectively an unbinding invitation to customers to submit an offer to conclude a purchase contract; Mallia Aesthetics expressly reserves the right to change products and content such as images, assortments, prices, and descriptions at any time without prior notice. Depictions, images, brochures, advertising, and other product information are for information only and are not binding on Mallia Aesthetics. The Consumer Customer can select products from the Mallia Aesthetics assortment in the Webshop, place them in the shopping cart, and follow the electronic order process; only by clicking the button that completes the order does the Consumer Customer make a legally binding offer to purchase the products listed in the cart ("Order"). Before submitting the Order, the Consumer Customer can carefully review the information displayed on the screen and correct input errors using the correction and back functions provided in the order process or via usual keyboard and mouse functions; all data are summarised again on the order overview page, and by submitting the Order the Consumer Customer accepts these GTC.

3.2 By completing the order process, the Consumer Customer submits a binding offer to purchase the products contained in the shopping cart; receipt of the automated order confirmation by email does not constitute acceptance of this offer but merely documents receipt of the order by Mallia Aesthetics, and the contract is concluded—depending on the selected payment method – as follows:

• If advance payment, direct debit (via Stripe), bank transfer (via Stripe) or Klarna "Pay Now" (via Stripe) is selected, acceptance occurs upon Mallia Aesthetics’ receipt of payment into the specified account.
• For all other payment methods, acceptance occurs by explicit declaration (e.g., email order confirmation) or at the latest upon dispatch of the products, whichever occurs first.

Mallia Aesthetics does not store the contract text; Mallia Aesthetics does not make the contract text available. If the customer has set up a user account in the Webshop before sending their order, the order data is archived on the website and can be accessed by the customer free of charge via their password-protected user account by entering the relevant login details. The currently valid version of these GTC can be viewed and saved in the Webshop.

3.3 The scope of performance (including type of product, quantity, price, scope of any subscription) is determined conclusively – unless otherwise agreed – by the Mallia Aesthetics order confirmation and these GTC.

3.4 All agreements and any subsequent deviating or supplementary side agreements must be in writing to be valid, whereby electronic and text form are sufficient to meet the written form requirement under these GTC.

3.5 Order handling and communication generally take place by email and automated processing; the Consumer Customer must ensure the email address provided is correct and can receive emails from Mallia Aesthetics and its order processors, in particular by configuring spam filters accordingly.

3.6 The only language available for conclusion of the contract is German; Mallia Aesthetics may provide an English version of the Webshop additionally, but solely the German version is binding for the contract.

4. Right of Withdrawal

Consumers have a right of withdrawal in accordance with the following provisions:

START OF THE CANCELLATION POLICY

A. Cancellation policy for goods

(a) Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason; the withdrawal period is fourteen days from the day on which you or a third party named by you who is not the carrier take possession of the goods (or – in the case of a contract for delivery of goods in several instalments or pieces – the last instalment or the last piece).

To exercise your right of withdrawal, you must inform us (Mallia Aesthetics GmbH, Henkestraße 91, 91052 Erlangen, Germany, email: support@mallia.com) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email); you may use the attached model withdrawal form.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising the right of withdrawal before the withdrawal period expires.

(b) Consequences of withdrawal
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.

You shall bear the direct costs of returning the goods.

You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties and functionality.

B. Exclusion of the right of withdrawal

The right of withdrawal does not exist, unless the parties have agreed otherwise, inter alia for the following contracts (cf. section 312b German Civil Code):

(c) contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,

(d) contracts for the supply of goods which, after delivery, have been inseparably mixed with other items due to their nature,

(e) contracts for the supply of goods that can spoil quickly or whose expiry date would be quickly exceeded,

(f) contracts for the supply of goods that are not prefabricated and for which an individual choice or decision by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

C. Model withdrawal form
If you wish to withdraw from the contract, please complete this form and return it.

To
Mallia Aesthetics GmbH
Henkestraße 91, 91052 Erlangen, Germany
Email: support@mallia.com

Hereby I/we (*) withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*):

______________________________________________________________________________________________________________

Ordered on (*) ____________ / received on (*) __________________

Name of consumer(s)
________________________________________________________

Address of consumer(s)
________________________________________________________

Signature of consumer(s) (only for paper notification)
_________________________

Date
_________________________

(*) Delete as appropriate

END OF CANCELLATION POLICY

5. Payment terms, right of retention, set-off, defence of uncertainty

5.1 Prices in the Webshop include the statutory VAT applicable in Germany; for deliveries to other countries, tax rules may cause deviations and final calculation occurs during checkout, and any shipping costs are shown after entry of the delivery address; for deliveries to non-EU countries, additional customs duties, taxes, or import charges may apply which are not invoiced by Mallia Aesthetics and must be paid by the Consumer Customer directly to the competent authorities, and Mallia Aesthetics has no influence on their amount.

5.2 Payment is in euros; available payment methods are shown during checkout (e.g., advance payment, bank transfer via Stripe, SEPA direct debit via Stripe, credit card via Stripe, or PayPal via Stripe), and Mallia Aesthetics may, for any order, decline individual methods or refer to another method.

(a) Payment is due immediately upon conclusion of the contract unless agreed otherwise.

(b) Payment processing in the Webshop is provided by the external payment service provider Stripe Payments Europe, Limited, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ("Stripe"), which technically processes payments between the customer and Mallia Aesthetics; the customer consents to transmission of necessary data to Stripe for payment processing.

(c) The payment methods available in checkout (e.g., credit card, SEPA direct debit, instant transfer, Klarna, bank transfer, PayPal) are shown to the customer there, and Mallia Aesthetics may limit certain methods for certain orders or customer groups.

(d) The customer enters payment information directly into the Stripe input field; authorisation occurs in real time, the amount is charged immediately upon successful authorisation, and if authorisation fails the customer may choose another method offered in checkout.

(e) In the event of a chargeback or payment default, Mallia Aesthetics may pass on the resulting fees to the customer, who must ensure sufficient funds.

(f) Data required for payment processing are transmitted in encrypted form; Stripe uses current security standards to protect customer data, and further information on data processing by Stripe is available in Stripe’s privacy policy at https://stripe.com/de/privacy.

(g) Mallia Aesthetics is not liable for disruptions or errors in payment processing outside its sphere of responsibility (e.g., at Stripe or on the customer’s side) and liability is limited to damage caused by intentional or grossly negligent conduct by Mallia Aesthetics or its vicarious agents.

(h) If advance bank transfer (via Stripe) is selected, the contract is concluded only upon receipt of payment; in that case, payment is made voluntarily with submission of the offer prior to the due date.

(i) If Klarna "Pay in up to 30 days" (via Stripe) is selected, the total price falls due after the product has been delivered and invoiced. In this case, the total price is payable without deduction within thirty (30) calendar days of receipt of the invoice, unless otherwise agreed. Mallia Aesthetics reserves the right to offer the purchase on account payment method only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, Mallia Aesthetics will inform the consumer customer of a corresponding payment restriction in its payment information.

(j) For ongoing services under a subscription model, payment shall be made at regular billing intervals (e.g. monthly or annually), in advance at the beginning of the respective billing period, unless otherwise agreed. The first subscription fee is due upon conclusion of the contract. All further payments shall be due in advance at the beginning of each new billing period. The payment obligation shall apply for the respective billing period regardless of whether and to what extent the services are actually used.

Unless expressly regulated otherwise, due dates are determined conclusively by clause 5.2.

5.3 The Consumer Customer agrees to receive no paper invoices and that Mallia Aesthetics will send an electronic invoice compliant with statutory requirements to the email address stored in the account.

5.4 The Consumer Customer may set off or exercise a right of retention only if the counterclaim is undisputed, acknowledged, or established by final judgment, or arises from the same purchase contract.

5.5 Where a payment date is fixed by the calendar as in clause 5.2, the Consumer Customer is in default by missing that date; in such case, default interest of five (5) percentage points per annum above the European Central Bank base rate of the preceding twelve (12) months is charged.

5.6 If Mallia Aesthetics is obliged to perform in advance, performance may be refused – without delay being incurred – if, after contract conclusion, circumstances become apparent indicating the Consumer Customer cannot fulfil consideration, in particular payment obligations; in that case, Mallia Aesthetics may set a reasonable deadline within which the Consumer Customer must pay step by step against performance or provide security, and after unsuccessful expiry may rescind and claim damages or reimbursement of wasted expenses.

5.7 Title to delivered products is retained by Mallia Aesthetics until full payment of the purchase price (including VAT and shipping); resale, pledging, transfer by way of security, or other dispositions by the Consumer Customer are not permitted without prior written consent while title is retained. In case of default Mallia Aesthetics may demand return of the goods if it has rescinded the contract.

6. Deliveries, dates, Mallia Aesthetics’ delay

6.1 Unless agreed otherwise, delivery is to the delivery address provided during the order process; shipping occurs at Mallia Aesthetics’ choice by post, other parcel services, or logistics providers.

6.2 Any information in the Webshop on availability, shipping, or delivery are approximate, non-binding indications unless expressly designated as binding for a specific product; if the selected product is unavailable at the time of order, Mallia Aesthetics informs the Consumer Customer without delay in the order confirmation, and if permanently unavailable, no acceptance is declared and no contract arises; otherwise, binding shipping or delivery dates are announced with reasonable notice, and partial deliveries are permitted where reasonable without prejudice to the Consumer Customer’s rights for non-performance.

6.3 If delivery fails for reasons attributable to the Consumer Customer, the Consumer Customer bears the reasonable costs incurred by Mallia Aesthetics thereby; this does not apply to outbound shipping costs where the right of withdrawal is effectively exercised, and regarding return costs, the cancellation policy applies.

6.4 The Consumer Customer is responsible for providing a complete and correct delivery address. Any additional shipping costs due to incomplete or incorrect address are borne by the Consumer Customer.

6.5 Self-collection is not possible for logistical reasons.

6.6 Invoicing takes place separately in electronic form.

7. Product specifications

7.1 The Consumer Customer will use the products exclusively in accordance with all applicable laws, guidelines, and regulations.

7.2 Where the product is a cosmetic, it may be used only in accordance with the instructions for use and the intended purpose specified in the order confirmation; in case of doubt, Mallia Aesthetics will provide additional information upon request, and Consumer Customers are requested to notify Mallia Aesthetics in text form as soon as possible of any known or suspected undesirable effects or deviations connected with the product.

7.3 The Consumer Customer must not alter, repackage, relabel, tamper with, or use the product outside the intended use; distribution for resale is prohibited, reverse engineering is not permitted, and any findings are treated as confidential information within the meaning of clause 11.2.

7.4 Without prejudice to deviating provisions in these GTC or the order confirmation, Mallia Aesthetics does not warrant that the product is suitable for a specific purpose intended by the Consumer Customer.

8. Notice of defects and rights, title to exchanged items

8.1 Mallia Aesthetics is liable for defects in quality in accordance with the following provisions and, otherwise, the statutory provisions, in particular sections 434 et seq. German Civil Code.

8.2 Consumer Customers are requested to check products upon delivery for completeness, obvious defects, and transport damage and to notify Mallia Aesthetics of complaints as soon as possible; failure to do so does not affect statutory warranty claims.

8.3 Malfunctions due to (i) incorrect and/or improper operation, (ii) use of products for purposes other than agreed or presumed, and (iii) third-party influence or force majeure (accident, water, fire, lightning, overvoltage, short circuit) do not constitute defects covered by warranty law.

8.4 The Consumer Customer may withhold payments proportionally only if the defect notice is undisputed, acknowledged, or established by final judgment; no right of retention exists if defect claims are time-barred and not undisputed, acknowledged, or finally established.

8.5 Unless otherwise agreed, title to parts replaced by Mallia Aesthetics in the course of deliveries, performance, or defect rectification passes to Mallia Aesthetics.

8.6 In the event of return of products, the Consumer Customer initially bears the costs for shipping, packaging, and/or customs; if the defect falls under the agreed warranty rights, costs of return shipping, packaging, and/or customs are borne by Mallia Aesthetics, without prejudice to section 475(6) German Civil Code.

9. Third-party rights

9.1 Mallia Aesthetics is not aware of third-party rights in Germany or the EU that would prevent the Consumer Customer’s use of the products; Mallia Aesthetics will notify the Consumer Customer without delay of third-party rights that could prevent the agreed use of the products and the intellectual property contained therein.

9.2 If a third party asserts claims against the Consumer Customer based on an alleged infringement attributable to Mallia Aesthetics, Mallia Aesthetics will, at its choice and within a reasonable time, procure a right of use or modify the performance so that it does not infringe while remaining equivalent; claims for damages due to legal defects are governed by clause 10, and otherwise statutory defect rights apply insofar as these GTC do not provide otherwise.

10. Liability of Mallia Aesthetics

10.1 Mallia Aesthetics is liable under statutory provisions without limitation (i) in cases of fraudulently concealed defects, (ii) intentional or grossly negligent breach of duty, (iii) culpable injury to life, body, or health, under mandatory law (e.g., Product Liability Act), and (iv) for delay damages within the meaning of section 288(6) German Civil Code.

10.2 Beyond clause 9.1, Mallia Aesthetics is liable for damages in the event of culpable breach of essential contractual obligations whose fulfilment enables proper performance of the contract or whose breach endangers the purpose of the contract and on whose observance the Consumer Customer regularly relies. This liability is limited to damage which Mallia Aesthetics typically had to expect at the time of contract conclusion given the circumstances known at that time.

10.3 Any further liability of Mallia Aesthetics for damages – regardless of legal ground – beyond clauses 10.1 and 10.2 is excluded.

10.4 Any contributory negligence of the Consumer Customer is taken into account; Mallia Aesthetics is not liable for damage solely due to breaches of these GTC or the contract, unauthorised changes to the product, improper use, incorrect storage by the Consumer Customer or third parties within the Consumer Customer’s sphere, or outside Mallia Aesthetics’ responsibility.

10.5 Deviating from the exclusions and limitations in clauses 10.1 to 10.3, agreed no-fault commitments (e.g., guarantees) apply as stipulated.

10.6 Clauses 10.1 to 10.5 apply mutatis mutandis to the statutory representatives and vicarious agents of Mallia Aesthetics if they are directly liable to the Consumer Customer.

11. Vicarious agents, confidentiality and data protection

11.1 Mallia Aesthetics may engage vicarious agents in rendering its services.

11.2 The parties shall keep confidential without limitation in time all confidential information obtained in the course of their business relationship, in particular business or trade secrets, and shall use and disclose such information only to the extent necessary to achieve the contractual purpose; employees and other vicarious agents shall be bound accordingly.

11.3 The parties shall comply with applicable data protection laws, in particular the GDPR and applicable national data protection laws (e.g., BDSG in Germany); data processing by Mallia Aesthetics is carried out in accordance with Mallia Aesthetics’ privacy policy available in the Webshop.

12. Force majeure

12.1 "Force Majeure" means an event beyond Mallia Aesthetics’ control, unforeseen and outside reasonable control (including but not limited to natural disasters, pandemics, epidemics or diseases leading to special measures such as quarantine or containment measures, terrorism, war, strikes, official measures, labour shortages, embargoes, strikes, and virus or other third-party attacks on the party’s IT system despite customary care in protective measures); if Mallia Aesthetics is unable to perform fully or for the most part due to Force Majeure, it is released from its performance obligations for the duration and to the extent of the effects, even if in delay. Supply difficulties and other performance disruptions on the part of vicarious agents (e.g., upstream supplier) are also deemed Force Majeure under these GTC if the vicarious agent is hindered by Force Majeure.

12.2 Mallia Aesthetics will notify the Consumer Customer without delay of the occurrence and the end of Force Majeure and will endeavour to remedy Force Majeure and limit its effects reasonably.

12.3 Upon occurrence of Force Majeure, the parties will coordinate on further steps and determine when and to what extent products not delivered during Force Majeure will be delivered after its end.

12.4 Any right of either party to rescind or terminate the purchase contract for good cause remains unaffected.

13. Choice of law, jurisdiction

13.1 German law applies, excluding conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply. Mandatory provisions, in particular of the state of the Consumer Customer’s habitual residence, remain unaffected.

13.2 Statutory rules on jurisdiction apply; the Consumer Customer may sue Mallia Aesthetics either at the Consumer Customer’s residence or at Mallia Aesthetics’ registered office.

14. Alternative dispute resolution

14.1 Mallia Aesthetics is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

15. Amendment of the GTC

15.1 If Mallia Aesthetics amends the GTC during the contractual relationship with a Consumer Customer, Mallia Aesthetics will inform the Consumer Customer by email eight (8) weeks before the amendments take effect and will send the new GTC; if the Consumer Customer does not object within six (6) weeks after this notice, the new GTC are deemed accepted and become effective, and Mallia Aesthetics will expressly draw attention to this period in the amendment notice. In the event of objection, the old GTC continue to apply; in that case Mallia Aesthetics may terminate the contract with four (4) weeks’ notice and will refund any prepaid remuneration pro rata for the period after the termination becomes effective.

15.2 Excluded from the right to amend these GTC are changes to remuneration, principal performance obligations, termination provisions, or other material changes equivalent to concluding a new contract; in such case Mallia Aesthetics will obtain the Consumer Customer’s consent in text form.

16. Miscellaneous

16.1 Any reference to a requirement of written form within these GTC is to be understood as "text form" within the meaning of section 126b German Civil Code; in particular, transmission by email is sufficient.

16.2 Unless otherwise stated in the order confirmation, the place of performance is Mallia Aesthetics’ registered office: Henkestraße 91, 91052 Erlangen, Germany.

16.3 Should one or more provisions of these GTC be or become invalid or unenforceable in whole or in part, or should these GTC contain a gap, the validity of the remaining provisions shall not be affected; the statutory provisions shall apply in place of the invalid or unenforceable provision.

Status: October 2025