General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Nutracosmetic GmbH) via the website nutracosmetic-shop.de. Unless otherwise agreed, the inclusion of any terms and conditions of your own used by you is contradicted. Unless otherwise agreed, the inclusion of any terms and conditions you may have used is hereby rejected.
(2) A consumer in the sense of the following regulations is any natural person who enters into a transaction for purposes that can be attributed primarily neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that acts in the exercise of its independent professional or commercial activity when entering into a legal transaction.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) As soon as the respective product is placed on our website, we make you a binding offer to conclude a contract via the online shopping cart system at the conditions specified in the item 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 there at any time.
After clicking on the button ‘Checkout’ or ‘Continue to order’ (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be taken to the order overview page in our online shop or forwarded to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed on the website of the instant payment system provider or after you have been redirected back to our online store as an order overview.
Before sending the order, you have the opportunity to review the information in the order summary again, to change it (also via the ‘back’ function of the Internet browser) or to cancel the order.
By clicking the button to submit your order (‘order subject to payment’, ‘buy’ / ‘purchase now’, ‘order subject to charge’, ‘pay’ / ‘pay now’ or similar wording), you declare acceptance of the offer in a legally binding manner, thereby concluding the contract.
(4) Your requests for the preparation of an offer are non-binding for you. We will provide you with a binding offer in text form (e.g. by email), which you can accept within 5 days (unless another period is specified in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by email. You must therefore ensure that the email address you have provided us with is correct, that the receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Contract term / termination for subscription contracts
(1) The subscription contract concluded between you and us has the term stated in the respective offer, hereinafter referred to as the ‘basic term’. A basic term of more than two years cannot be agreed.
(2) If the subscription contract is not cancelled by one of the parties one month before the end of the basic term (unless a shorter period is specified in the respective offer), it shall be tacitly renewed for an indefinite period.
The extended contractual relationship can be terminated at any time with a notice period of one month (unless a shorter notice period is specified in the respective offer).
(3) The right to terminate the contract with immediate effect for good cause remains unaffected.
(4) Any cancellation must be declared and submitted either in text form (e.g. email) or via the cancellation button integrated into our website (‘Cancel contracts here’ or similar designation).
§ 4 Special agreements on payment methods offered
(1) Payment via ‘PayPal’ / ‘PayPal Checkout’
If you select a payment method that is offered via ‘PayPal’ / ‘PayPal Checkout’, the payment will be processed by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; ‘PayPal’). The individual payment methods via ‘PayPal’ are displayed on our website and in the online order process under a correspondingly labelled button. ‘PayPal’ may use other payment services for the payment process; if special payment terms apply, you will be notified of these separately. You can find more information about PayPal at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full (https://www.paypal.com/de/webapps/mpp/ua/legalhub-full).
§ 5 Right of retention, retention of title
(1) You can only exercise a right of retention if the claims in question arise from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 6 Warranty
(1) The statutory rights of liability for defects shall apply.
(2) As a consumer, you are requested to check 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. If you do not comply with this request, this will not affect your statutory warranty rights.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if we have informed you of the deviation before you issued the contractual declaration and the deviation has been expressly and separately agreed between the contracting parties.
§ 7 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. For consumers, this choice of law shall only apply to the extent that the protection granted by the mandatory provisions of the law of the country of the consumer’s habitual residence is not thereby withdrawn (favourability principle).
(2) The place of performance for all services arising from the business relationships with us and the place of jurisdiction is 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 domicile or usual place of residence is not known at the time of the commencement of proceedings. The right to also appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention shall expressly not apply.
II. Customer information
1. identity of the seller
Nutracosmetic GmbH
Bachstrasse 29, Grassau OT Rottau 83224
Germany
Phone: +49 805 16970 970
E-mail: info@nutracosmetic.de
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr (https://ec.europa.eu/odr).
We are not willing or obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. information on the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are carried out in accordance with the provisions ‘Conclusion of the contract’ in our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German .
3.2. The complete text of the contract is not saved by us. Before sending the order via the online shopping cart system, the contract data can be printed out using the browser’s print function or saved electronically. After we have received the order, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3. In the case of requests for quotations outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. Codes of Conduct
4.1. We have submitted to the quality criteria of Trusted Shops GmbH, which can be viewed at: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf)
5. The main characteristics of the goods or service
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and payment terms
6.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. The shipping costs incurred are not included in the purchase price. They can be called up 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 delivery has been promised.
6.3. If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
6.4. Any costs incurred for the transfer of money (transfer or exchange rate fees charged by credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
6.5. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
6.6. Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7. Delivery conditions
7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
8. Legal liability for defects
The liability for defects is governed by the ‘Warranty’ provision in our General Terms and Conditions (Part I).
9. contract term / termination
Information on the term of the contract and the cancellation policy can be found in the section ‘Contract term/cancellation of subscription contracts’ in our General Terms and Conditions (Part I) and in the respective offer.
These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in case of written warnings. More information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).
Last updated: 22 October 2024