General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts concluded between you and us as the provider (No. 1 Cosmetics GmbH) via the website https://www.no1-cosmetics.de. Unless otherwise agreed, the inclusion of any terms and conditions used by you is hereby rejected.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the Contract

(1) The subject of the contract is the sale of goods.

(2) By placing the respective product on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the product description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can access the “shopping cart” via the corresponding button in the navigation bar and make changes at any time.
After accessing the “checkout” page and entering your personal data as well as payment and shipping details, the order data will be displayed as an order summary.

If you use an instant payment system as a payment method (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung), you will either be redirected to the order summary page in our online shop or to the website of the respective instant payment service provider.
If you are redirected to the instant payment service provider, you will make the appropriate selection or enter your data there. The order data will then be displayed as an order summary either on the website of the instant payment service provider or after you are redirected back to our online shop.

Before submitting the order, you have the opportunity to review the information in the order summary, to change it (also using the “back” function of your internet browser), or to cancel the order.
By submitting the order via the corresponding button (“order with obligation to pay” or similar wording), you legally declare acceptance of the offer, thereby concluding the contract.

(4) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically by email. You must therefore ensure that the email address you have provided is correct, that receipt of emails is technically ensured, and in particular that it is not prevented by spam filters.

§ 3 Special Agreements on Offered Payment Methods

(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:

Invoice:
The payment period is 30 days from dispatch of the goods/tickets or, in the case of other services, from provision of the service. The full invoice terms for the countries in which this payment method is available can be found here: Germany.

Installment Purchase:
With Klarna’s financing service, you can pay for your purchase in fixed or flexible monthly installments under the conditions stated at checkout. Installment payments are due at the end of each month following receipt of a monthly invoice from Klarna. Further information on installment purchases, including the General Terms and Conditions and the European Standard Information for Consumer Credit for the countries in which this payment method is available, can be found here (available only in the specified countries): Germany.

Instant Bank Transfer (Sofortüberweisung):
Available in Germany. Your account will be debited immediately after placing the order.

Direct Debit:
The debit will be made after dispatch of the goods. You will be informed of the timing by email.

Credit Card (Visa/Mastercard):
Available in Germany. The debit will be made after dispatch of the goods or tickets / availability of the service or, in the case of subscriptions, in accordance with the communicated times.

The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. In this context, we forward your data to Klarna for address and creditworthiness checks as part of the purchase initiation and contract processing. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.

Further information and Klarna’s terms of use can be found here. General information about Klarna can be found here. Your personal data will be processed by Klarna in accordance with applicable data protection regulations and as stated in Klarna’s privacy policy.

Further information about Klarna can be found here. The Klarna app can be found here.

§ 4 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price has been made.

(3) Promotional gifts linked to a minimum order value must also be returned if goods are returned and the minimum order value is no longer met as a result.

§ 5 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty rights.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

§ 6 Choice of Law, Place of Performance, Jurisdiction

(1) German law shall apply. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence (principle of favorability).

(2) The place of performance for all services arising from business relations with us and the place of jurisdiction shall be our registered office, provided that you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. 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 legal action is initiated. The right to also appeal to another statutory place of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.

II. Customer Information

1. Identity of the Seller

No. 1 Cosmetics GmbH
Schmalenbachstraße 22
12057 Berlin
Germany
Phone: +49 30 22 01 239 00
Email: info@no1-cosmetics.de

2. Information on the Conclusion of the Contract

The technical steps leading to the conclusion of the contract, the conclusion of the contract itself, and correction options are governed by the provisions “Conclusion of the Contract” in our General Terms and Conditions (Part I).

3. Contract Language, Storage of Contract Text

3.1. The contract language is German.

3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed or saved electronically using the browser’s print function. After receipt of the order, the order data, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.

4. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and Payment Conditions

5.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components, including all applicable taxes.

5.2. Shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you in addition, unless free shipping has been promised.

5.3. The payment methods available to you are shown via a correspondingly labeled button on our website or in the respective offer.

5.4. Unless otherwise stated for individual payment methods, payment claims arising from the concluded contract are due for payment immediately.

6. Delivery Conditions

6.1. Delivery conditions, delivery dates, and any existing delivery restrictions can be found via a correspondingly labeled button on our website or in the respective offer.

6.2. If you are a consumer, the law provides that the risk of accidental loss and accidental deterioration of the sold goods during shipment passes to you only upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you independently commission a transport company or another person designated to carry out the shipment that was not named by the entrepreneur.

7. Promotional Conditions

Scope of the Promotion:
Discounts, vouchers, gifts, or other benefits granted as part of promotions (hereinafter “promotional items”) are subject to certain conditions specified in the respective promotional offer.

Minimum Order Value and Eligibility:
Promotions apply only if the stated minimum order value or other specific requirements defined as part of the promotion are fully met. If a return or exchange subsequently causes the minimum order value to be undercut or other promotional conditions to no longer be met, the customer loses entitlement to the granted benefits.

Discount Vouchers:
Discount vouchers apply exclusively to non-discounted items and cannot be combined with other discounts or promotions. In addition, certain brands are excluded from redemption, including but not limited to BIOJUVE, QMS Precision Care, mediCollagen, and mediVitamin-C. Cash payment of the voucher value is excluded.

Return of Promotional Items:
If a return reduces the value of goods such that the original promotional conditions are no longer met, the customer is obliged to also return all gifts and promotional items received as part of the promotion. If the promotional items are not returned, their value will be charged to the customer or deducted from the refund amount.

Offsetting in Case of Incomplete Return:
If the customer does not return the promotional items despite non-fulfillment of the promotional conditions, we reserve the right either to charge the amount for the unreturned promotional items or to reduce the refund amount accordingly. The refund will only be issued after all returned items have been received and the promotional conditions have been re-verified.

Exceptions:
If the return is due to defects, the customer remains entitled to keep the promotional items provided that they agree to a replacement delivery.

8. VAT Refunds

We inform you that we do not provide VAT refunds for buyers residing outside the European Union. This policy is based on the administrative requirements and high costs associated with processing VAT refunds. In addition, the verification and tracking of the documentation required for refunds is often complex and results in a significant additional workload that is disproportionate to the potential refund amount. For these reasons, we have decided not to offer VAT refunds for buyers from non-EU countries.

9. Statutory Warranty Rights

Warranty claims are governed by the provisions “Warranty” in our General Terms and Conditions (Part I).

These General Terms and Conditions and customer information were prepared by legal experts specializing in IT law at Händlerbund and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in the event of warnings. Further information can be found at:
https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service

Last updated: 23 June 2023