AGB

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts concluded with 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 you may have used 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 outside their trade, business, or profession. An entrepreneur is any natural or legal person or a legally responsible partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

§ 2 Conclusion of the Contract

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

(2) By listing the respective product on our website, we make you a binding offer to conclude a contract under the terms stated in the item description via the online shopping cart system.

(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” at any time via the corresponding button in the navigation bar and make changes there.

After accessing the “checkout” page and entering your personal data as well as payment and shipping terms, the order data is displayed again as an order overview.

If you use an instant payment system (e.g., PayPal / PayPal Express, Amazon Payments, Sofortüberweisung), you will either be directed to the order overview page in our online store or to the website of the provider of the instant payment system.

If redirected to the respective instant payment system, you will make the appropriate selection or enter your data there. Finally, you will be shown the order data as an order overview either on the website of the instant payment system provider or after being redirected back to our online store.

Before submitting the order, you have the option to check, change (also via the "back" function of the browser), or cancel the order.

By submitting the order via the corresponding button (“place binding order” or similar designation), you declare the legally binding acceptance of the offer, whereby the contract is concluded.

(4) Order processing and transmission of all information required in connection with the conclusion of the contract will be carried out by email, in some cases automatically. You must therefore ensure that the email address you provided to us is correct, the receipt of emails is technically ensured, and in particular not blocked by SPAM filters.

§ 3 Special Agreements on 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. The payment is made directly to Klarna:

• Invoice: The payment term is 30 days from the dispatch of the goods / ticket / or, in the case of other services, provision of the service. The full invoice terms for countries where 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 specified during checkout. Payment is due at the end of each month following the sending of a monthly invoice by Klarna. More information, including the terms and standard European consumer credit information, can be found here (only available in specified countries): Germany.

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

• Direct Debit: The debit will be made after the goods have been shipped. You will be informed of the exact timing by email.

• Credit Card (Visa/Mastercard): Available in Germany. The charge will be made after the goods or tickets are dispatched / service availability or in the case of a subscription as per the communicated schedule.

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

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

You can find more information about Klarna 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 relates to claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) Promotional gifts tied to a minimum order value must also be returned if the returned items reduce the order value below the required threshold.

§ 5 Warranty

(1) The statutory liability for defects applies.

(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. Failure to do so does not affect your statutory warranty claims.

(3) If a feature of the goods deviates from the objective requirements, the deviation is deemed agreed only if we have informed you of this prior to submission of your contractual declaration and the deviation has been expressly and separately agreed between the contracting parties.

§ 6 Governing Law, Place of Performance, Jurisdiction

(1) German law shall apply. For consumers, this choice of law only applies insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country of the consumer’s habitual residence (principle of favorability).

(2) The place of performance for all services from business relationships with us and the place of jurisdiction is our registered office, provided 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 residence or usual place of abode is unknown at the time the action is filed. The right to also call upon the court at another legal place of jurisdiction remains unaffected.

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

II. Customer Information

1. Identity of the Seller
No. 1 Cosmetics GmbH
Schmalenbachstraße 22
12057 Berlin
Germany
Phone: +49 (0)30 22 01 239 00
Email: info@no1-cosmetics.de

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), accessible at: https://ec.europa.eu/odr

2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the conclusion itself, and the correction options follow the rules in the section “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. We do not store the full text of the contract. Before submitting the order via the online shopping cart system, the contract data can be printed or electronically saved using the browser’s print function. After receipt of the order, we will send the order data, legally required information for distance contracts, and the General Terms and Conditions again via email.

4. Key Features 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 Terms

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

5.2. The shipping costs incurred are not included in the purchase price. They are accessible via a correspondingly labeled button on our website or in the respective offer, shown separately during the order process, and must be borne by you additionally unless free shipping has been promised.

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

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

6. Delivery Conditions

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

6.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipping passes to you only upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you independently commissioned a shipping company not named by the entrepreneur or another person designated to carry out the shipment.

7. Promotional Terms

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

Minimum order value and qualifications: Promotions only apply if the specified minimum order value or other specific requirements stated within the promotion are fully met. If a return or exchange leads to the minimum order value no longer being met or other promotional conditions not being fulfilled, the customer loses the right to the granted benefits.

Discount vouchers are valid only on non-discounted items and cannot be combined with other promotions or discounts. Additionally, certain brands are excluded from voucher redemption. These include, among others, BIOJUVE, QMS Precision Care, mediCollagen, and mediVitamin-C. A cash payout of the voucher value is excluded.

Return of promotional items: If a return reduces the value of the goods to a level where the original promotional conditions are no longer fulfilled, the customer is obliged to return all gifts and promotional items received. If the promotional items are not returned, their value will be charged to the customer or deducted from the refund amount.

Offsetting for incomplete returns: If the customer does not return the promotional items despite no longer meeting the promotion requirements, we reserve the right to either charge the amount for the non-returned promotional items or reduce the refund accordingly. The refund will be issued only after all returned items are received and the promotional conditions have been re-evaluated.

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

8. VAT Refunds

Please note that we do not offer VAT refunds for buyers residing outside the European Union. This policy is based on the administrative burden and high costs associated with processing such refunds. Additionally, verifying and tracking the required documentation for a refund is often labor-intensive and disproportionate to the potential refund amount. For these reasons, we have decided not to process VAT refunds for customers from non-EU countries.

9. Legal Warranty Rights
Warranty is governed by the "Warranty" section of our General Terms and Conditions (Part I).

These Terms and Conditions and Customer Information were created by IT-law specialists of the Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the case of legal warnings. Further information: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service

Last updated: June 23, 2023