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 provider (Nutracosmetic GmbH) through the website nutracosmetic-shop.de. Unless otherwise agreed, we reject the incorporation of any terms and conditions of your own.

(2) For the purposes of the following provisions, a consumer is any natural person who enters into a legal transaction for purposes predominantly outside their trade, business or self-employed professional activity. A trader is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their self-employed professional or commercial activity.

§ 2 Conclusion of the contract
(1) The subject matter 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 through the online shopping cart system on the terms stated in the item description.

(3) The contract is concluded through the online shopping cart system as follows:
The goods you intend to purchase are placed in the “shopping cart”. You can access the shopping cart using the relevant button in the navigation bar and make changes at any time.
After clicking “Checkout” or “Proceed to order” (or a similarly labelled button) and entering your personal details and the payment and shipping conditions, the order details are displayed in an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be taken to the order overview page in our online shop or redirected to the website of the instant payment provider.
If you are redirected to the respective instant payment system, make the relevant selections or enter your details there. Finally, the order details are displayed as an order overview on the payment provider’s website or after you have been redirected back to our online shop.

Before submitting the order, you can check the information in the order overview again, change it (including by using your browser’s “back” function) or cancel the order.

By submitting the order using the relevant button (“order with obligation to pay”, “buy” / “buy now”, “place paid order”, “pay” / “pay now” or similar wording), you legally accept the offer, thereby concluding the contract.
(4) Your requests for a quotation are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you may accept within 5 days unless another period is specified in the respective offer.

(5) Order processing and the transmission of all information required in connection with the conclusion of the contract take place by email and are partly automated. You must therefore ensure that the email address you have provided is correct, that receipt of emails is technically possible and, in particular, that emails are not blocked by spam filters.

§ 3 Contract term / termination of subscription contracts
(1) The subscription contract concluded between you and us has the term specified in the respective offer, referred to below as the “initial term”. An initial term of more than 2 years cannot be agreed.

(2) If neither party terminates the subscription contract one month before the end of the initial term (unless a shorter notice period is specified in the respective offer), it is tacitly extended for an indefinite period.

The extended contractual relationship may be terminated at any time with one month’s notice (unless a shorter notice period is specified in the respective offer).
(3) The right to terminate without notice for good cause remains unaffected.

(4) Any notice of termination must be declared and transmitted either in text form (e.g. by email) or via the cancellation button integrated into our website (“Cancel contracts here” or similar wording).

§ 4 Special agreements concerning the payment methods offered
(1) Payment via “PayPal” / “PayPal Checkout”
If you choose a payment method offered through “PayPal” / “PayPal Checkout”, payment is 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 available through PayPal are displayed under an appropriately labelled button on our website and during the online ordering process. PayPal may use other payment services to process payments; where special payment conditions apply, you will be notified separately. Further information about PayPal is available 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, reservation of title
(1) You may exercise a right of retention only in respect of claims arising from the same contractual relationship.

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

§ 6 Statutory warranty
(1) Statutory rights in respect of defects apply.

(2) As a consumer, you are asked 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 will not affect your statutory warranty rights.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation is deemed agreed only if we informed you of it before you made your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

§ 7 Choice of law, place of performance, jurisdiction
(1) German law applies. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection provided by mandatory provisions of the law of the country of their habitual residence (principle of the more favourable provision).

(2) Our registered office is the place of performance for all services arising from our business relationship and the place of jurisdiction if 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 have no general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is unknown when proceedings are brought. The right to bring proceedings before a court in another statutory jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly excluded.

II. Customer information
1. Identity of the seller
Nutracosmetic GmbH
Bachstrasse 29, Grassau OT Rottau 83224
Germany
Telephone: +49 805 16970 970
Email: info@nutracosmetic.de

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 (https://ec.europa.eu/odr).

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on conclusion of the contract
The technical steps for concluding the contract, the conclusion itself and the options for correcting information are governed by the “Conclusion of the contract” provisions of our General Terms and Conditions (Part I).

3. Contract language, storage of the contract text
3.1. The contract language is German.

3.2. We do not store the complete contract text. Before submitting the order through the online shopping cart system, you may print the contract details using your browser’s print function or save them electronically. After we receive your order, we will send you the order details, the information required by law for distance contracts and the General Terms and Conditions again by email.

3.3. For quotation requests outside the online shopping cart system, you will receive all contract details as part of a binding offer in text form, e.g. by email, which you can print or save electronically.

4. Codes of conduct
4.1. We have committed to the quality criteria of Trusted Shops GmbH, available at: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf)

5. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services are set out in the respective offer.

6. Prices and payment arrangements
6.1. The prices stated in the respective offers and the shipping costs are total prices. They include all price components, including all applicable taxes.

6.2. Shipping costs are not included in the purchase price. They can be viewed via an appropriately labelled button on our website or in the respective offer, are shown separately during the ordering process and must be paid by you in addition, unless free delivery has been promised.

6.3. For deliveries to countries outside the European Union, additional costs beyond our control may arise, such as customs duties, taxes or money transfer fees (bank transfer or currency conversion charges), which you must bear.

6.4. You must bear any money transfer costs (bank transfer or currency conversion charges) where delivery is made to an EU member state but payment is initiated outside the European Union.

6.5. The payment methods available to you are listed under an appropriately labelled button on our website or in the respective offer.

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

7. Delivery conditions
7.1. Delivery conditions, the delivery date and any delivery restrictions are set out under an appropriately labelled button on our website or in the respective offer.

7.2. If you are a consumer, the law provides that the risk of accidental loss or accidental deterioration of the goods sold during shipping passes to you only when the goods are handed over to you, regardless of whether shipping is insured or uninsured. This does not apply if you independently commission a transport company not named by the trader or another person designated to carry out the shipment.

8. Statutory liability for defects
Liability for defects is governed by the “Statutory warranty” provisions in our General Terms and Conditions (Part I).

9. Contract term / termination
Information on the contract term and termination conditions can be found in the “Contract term / termination of subscription contracts” provisions of our General Terms and Conditions (Part I) and in the respective offer.

These General Terms and Conditions and customer information were prepared by Händlerbund lawyers specialising in IT law and are continually reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and accepts liability in the event of formal legal warnings. Further information is available at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).

Last updated: 22.10.2024