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 the supplier (No. 1 Cosmetics GmbH) via the https://www.no1-cosmetics.de website. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
§ 2 Formation 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 submit a binding offer to conclude a contract via the online shopping basket system on the terms and conditions stated in the item description.
(3) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the "shopping basket". You can call up the "shopping basket" via the corresponding button in the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be redirected to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the corresponding selection or enter your data there. Finally, you will be shown the order data as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before submitting the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the Internet browser) or cancelling the order.
By sending the order via the corresponding button ("order subject to payment" or similar designation), you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Special agreements on payment methods offered
(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 the date of dispatch of the goods/ticket/ or, in the case of other services, the provision of the service. The complete invoice conditions for the countries in which this payment method is available can be found here: Germany.
- Payment by instalments: With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly instalments under the conditions specified in the checkout. The instalment payment is due at the end of each month after Klarna sends you a monthly invoice. For more information on payment by instalments, including the terms and conditions and standard European consumer credit information for the countries where this payment method is available, please click here (only available in the countries indicated): Germany.
Sofortüberweisung: Available in Germany. Your account will be debited immediately after placing the order.
- Direct debit: The debit will take place after the goods have been dispatched. You will be informed of the date by e-mail.
- 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 a subscription, according to the communicated times.
The use of the payment methods invoice and / or hire purchase and / or direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and creditworthiness checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check.
You can find more information about Klarna here. You can find the Klarna App here.
§ 4 Right of retention, retention of title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 5 Warranty
(1) The statutory rights of liability for defects 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 fail to do so, this shall have no effect on your statutory warranty claims.
(3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favourability principle).
(2) The place of performance for all services arising from the business relations with us as well as the place of jurisdiction shall be our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also bring an action before the court at another statutory place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. customer information
1. identity of the seller
No. 1 Cosmetics GmbH
Telephone: 030 22 01 239 00
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.) . 3.
3 Contract language, storage of contract text
3.1 The contract language is German .
3.2 We do not store the complete text of the contract. Before sending the order via the online shopping basket system , the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions of Business will be sent to you again by e-mail. 4.
4. essential features of the goods or services
The essential features of the goods and/or services can be found in the respective offer.
5 Prices and payment terms
5.1 The prices and shipping costs stated in the respective offers 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 can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of 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 areshown under a correspondingly designated button on our website or in the respective offer.
5.4 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. delivery conditions
6.1 The delivery conditions, the delivery date as well as any existing delivery restrictions can be found under an appropriately designated button on our website or in the respective offer.
6.2 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 is only transferred to you when the goods are handed over, 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 a person otherwise designated to carry out the shipment.
7 Legal liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I) .
These General Terms and Conditions and customer information have been prepared by the lawyers of the Händlerbund who specialise in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. For more information, please visit: https: //www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last update: 01.01.2022