Terms & Conditions

For an English version of the terms of service see below

Terms & Conditions

  • 1 Scope and Provider

(1) These terms and conditions apply to all orders you

at the online shop of

Only Cosmetics GmbH
Koenigsallee 27
40212 Düsseldorf

Managing Director:
M. Sokiran
make.

(2) The product range in our online shop is exclusively aimed at buyers who own the 18. Have completed the year of life.

(3) Our deliveries, services and offers are made exclusively on the basis of these general terms and conditions. The general terms and conditions apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our general terms and conditions is already contradicted.

(4) Contract language is exclusively German.

(5) You can read the currently valid general terms and conditions on the website [www.onlysmile.de] retrieve and print.

  • 2 contract

(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding request to order goods in the online shop.

(2) By clicking the button ["Order now subject to payment" / "to buy"] make a binding purchase offer (§ 145 BGB). Immediately before placing this order, you can check the order again and correct it if necessary.

(3) After receipt of the purchase offer, you will receive an automatically generated email with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of your purchase offer. A contract is not yet concluded with the confirmation of receipt.

(4) A purchase contract for the goods is only concluded when we expressly declare our acceptance of the purchase offer (order confirmation) or when we send the goods to you - without a prior express declaration of acceptance. Exception: in the case of payment in advance and PayPal, the order is accepted immediately with your order.

  • 3 prices

The prices stated on the product pages include VAT and other price components and do not include the respective shipping costs. For more information on shipping costs, please visit our website at ["Shipping information" / "Delivery conditions"].

  • 4 terms of payment; Default

(1) Payment can be made by:

Invoice in advance,
Credit card,
Paypal

(2) We are responsible for selecting the payment methods available in each case. In particular, we reserve the right to offer you only selected payment methods for payment, for example only prepayment to hedge our credit risk.

(3) If you choose the payment method in advance, we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receipt of the goods.

(4) When paying by cash on delivery, an additional fee of [X] EUR, which the deliverer collects on site. There are no further costs and taxes.

(5) When paying by credit card, the purchase price is reserved on your credit card at the time of ordering (authorization). Your credit card account is actually charged at the time we send the goods to you.

(6) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. You'll get more information during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards.

(7) When paying by direct debit, you may have to bear the costs that arise as a result of a reverse booking of a payment transaction due to insufficient funds in your account or due to incorrectly transmitted bank account details.

(8) If you fall into arrears with a payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base rate. A reminder fee of EUR 2,50 will be charged for every reminder sent to you after the default has occurred, unless a lower or higher damage is proven in individual cases.

  • 5 Offsetting / right of retention

(1) You are only entitled to set-off if your counterclaim has been legally established, is not disputed or recognized by us, or is in a close synallagmatic relationship to our claim.

(2) You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.

  • 6 delivery; Retention of title

(1) Unless otherwise agreed, the delivery of the goods from our warehouse to the address specified by you.

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

(3) If you are an entrepreneur within the meaning of § 14 BGB, the following also applies:
- We reserve title to the goods until all claims from the current business relationship have been settled in full.

Pledging or security transfer is not permitted prior to the transfer of ownership of the reserved goods.

- You may resell the goods in the ordinary course of business. In this case, you already now submit to us all claims in the amount of the invoice amount that you accrue from the resale

  1. We accept the assignment, but you are authorized to collect the claims. If you fail to properly meet your payment obligations, we reserve the right to collect claims ourselves.

- When combining and mixing the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

- We undertake to release the securities to which we are entitled on request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is incumbent on us.

  • 7 cancellation policy

In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. making the purchase for purposes that are predominantly neither commercial nor self-employed, you have a right of revocation in accordance with the following provisions.

Returning Policy

You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.

In order to exercise your right of withdrawal, you must send us

Only Cosmetics GmbH
Koenigsallee 27
40212 Düsseldorf

Managing Director:
M. Sokiran

Email: info@onlysmile.de

by means of a clear statement (eg a letter, fax or e-mail sent by mail) about your decision to revoke this contract. You can use the enclosed sample revocation form, but this is not required.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Effects of Withdrawal
If you withdraw from this contract, we will reimburse all payments we have received from you, including the costs of supply (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than that offered by us, cheapest Standard have), and repay immediately latest within fourteen days from the date on which the notification has been received about your cancellation of this contract with us. For this repayment, we use the same method of payment that you used in the original transaction, unless you explicitly agreed otherwise; in any case you will be charged fees for this repayment.

Copyright: HÄRTING Rechtsanwälte, www.haerting.de, contractstexte@haerting.de
Chausseestrasse 13,10115, 030 Berlin, Tel. (28) 30 57 40 030, Fax (28) 30 57 4 XNUMX

We may refuse to refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier.

You have to send back or hand over the goods immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

They bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Copyright: HÄRTING Rechtsanwälte, www.haerting.de, contractstexte@haerting.de
Chausseestrasse 13,10115, 030 Berlin, Tel. (28) 30 57 40 030, Fax (28) 30 57 4 XNUMX

Refund Request Form Template
If you want to revoke the contract, please fill out this form and return it.

An

Only Cosmetics GmbH
Koenigsallee 27
40212 Düsseldorf

Managing Director:
M. Sokiran

Hereby I / we (*) cancel the contract concluded by me / us (*) for the purchase of the following goods (*):
Ordered on (*) / received on (*)
Name / consumer (s):
Address of / consumer (s):
Signature of the consumer (s) (only in the case of a communication on paper)
Date(s)
(*) Delete where not applicable.

End of withdrawal

(1) There is no right of withdrawal

- for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,

- for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene,

if their seal has been removed after delivery, or

- for the delivery of goods if they were inseparably mixed with other goods after delivery due to their nature.

Copyright: HÄRTING Rechtsanwälte, www.haerting.de, contractstexte@haerting.de
Chausseestrasse 13,10115, 030 Berlin, Tel. (28) 30 57 40 030, Fax (28) 30 57 4 XNUMX

(2) Please avoid damage and contamination. If possible, please send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide adequate protection against damage in transit in order to avoid claims for damages due to damage caused by inadequate packaging.

(3) Please call us on +49 211 33764072 before returning the goods to announce the return. In this way you enable us to assign the products as quickly as possible.

(4) Please note that the modalities mentioned in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal.

  • 8 Transport damage

(1) If goods are delivered with obvious transport damage, please report such errors immediately to the deliverer and please contact us as soon as possible.

(2) Failure to file a complaint or contact us will have no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

  • 9 warranty

(1) Unless otherwise expressly agreed, your warranty claims are based on the statutory provisions of the sales law (§§ 433 ff. BGB).

(2) If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), the period of liability for warranty claims for used items - contrary to the statutory provisions - is one year. This restriction does not apply to claims due to damage to life, limb or health or from the breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and which the contractual partner can regularly rely on compliance (cardinal obligation) as well as for claims due to other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.

(3) In addition, the statutory provisions apply to the warranty, in particular the two-year limitation period in accordance with Section 438 (1) No. 3 BGB.

(4) If you are an entrepreneur within the meaning of § 14 BGB, the legal provisions apply with the following modifications:

- Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.

- You are obliged to inspect the goods immediately and with the necessary care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods.

Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects identified later from their discovery. In the event of a breach of the duty to examine and notify, the assertion of warranty claims is excluded.

- In the event of defects, we guarantee, at our option, either repair or replacement (supplementary performance). In the case of repairs, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.

- If the supplementary performance fails twice, you can either request a reduction in price or withdraw from the contract.

- The warranty period is one year from date of delivery.

  • 10 liability

(1) Unlimited liability: We have unlimited liability for willful intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence, we are liable for damage resulting from injury to life, limb and health of people.

(2) In addition, the following limited liability applies: In the event of slight negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract and on which you can regularly rely (cardinal obligation). The amount of liability for slight negligence is limited to the damage that was foreseeable when the contract was concluded and the occurrence of which must typically be expected. This limitation of liability also applies in favor of our vicarious agents.

  • 11 Alternative Dispute Resolution

The EU Commission has provided a platform for out-of-court settlement of disputes. This gives consumers the opportunity to settle disputes in connection with their online order without the intervention of a court. The dispute settlement platform can be reached under the external link http://ec.europa.eu/consumers/odr/.

We endeavor to amicably resolve any differences of opinion arising from our contract. In addition, we are not obliged to participate in an arbitration procedure and unfortunately we cannot offer you participation in such a procedure.

  • 12 Final Provisions

(1) Should one or more provisions of these terms and conditions be or become ineffective, this shall not affect the validity of the remaining provisions.

(2) Only German law is applicable to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Law").

Mandatory provisions of the country in which you usually reside remain unaffected by the choice of law.

(3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.

Stand: 01.01.2019

 

Copyright: HÄRTING Rechtsanwälte, www.haerting.de, contractstexte@haerting.de
Chausseestrasse 13,10115, 030 Berlin, Tel. (28) 30 57 40 030, Fax (28) 30 57 4 XNUMX

 

TERMS OF SERVICE

1 Scope and provider (1) These terms and conditions apply to all orders you
at the online store of

Only cosmetics GmbH
Koenigsallee 27
40212 Dusseldorf
Executive Directors:
M. Sokiran
make.

(2) The product range in our online shop is exclusively aimed at buyers who have reached the age of 18.
(3) Our deliveries, services and offers are made exclusively on the basis of these terms and conditions. The general business conditions apply to companies thus also for all future business relationships, even if they are not express again
be agreed. The inclusion of terms and conditions a customer who meets our terms and conditions contradicted, is already contradicted.
(4) Contract language is exclusively German.
(5) You can change the currently valid terms and conditions on the website [www.onlysmile.com] retrieve and print.
2 conclusion of contract (1) The presentation of goods in the online shop does not make a binding application the conclusion of a contract of sale. Rather, it is a noncommittal request to order goods in the online shop.
(2) By clicking on the button [“order now pay” / “buy”] make a binding purchase offer (§ 145 BGB). Just before submit this order, you can check the order again
and correct if necessary.
(3) After receipt of the purchase offer, you will receive an automatically generated e-mail, with which we confirm that we have received your order (acknowledgment of receipt). This confirmation of receipt does not yet constitute an assumption of your purchase offer. A contract comes through the acknowledgment of receipt
not yet done.
(4) A purchase contract for the goods is only concluded when we expressly the acceptance of the purchase offer (order confirmation) or if we the goods - without prior express acceptance - to you to ship. Exception: when paying with prepayment and PayPal is the acceptance of the order immediately with your order.
3 prices The prices stated on the product pages include the statutory VAT and other price components and are plus the respective shipping costs. Further information about the shipping costs can be found on our website under ["Shipping Information" /
“Delivery terms”].
4 terms of payment; delay (1) Payment may be made by:
invoice in advance,
credit card,
paypal
(2) We are responsible for the selection of the payment methods available. We In particular, we reserve the right to choose only for payment To offer payment methods, for example, to secure our credit risk only prepayment.
(3) When selecting the payment method in advance, we call ours bank details in the order confirmation. The invoice amount is within 10 days of receiving the goods to our account.
(4) For cash on delivery, an additional fee of [X] EUR due, which raises the deliverer on site. Further costs and taxes do not apply on.
(5) When paying by credit card, the purchase price at the time of ordering Reserved on your credit card (authorization). The actual burden Your credit card account will be processed at the time we deliver the goods to you to ship.
(6) When paying with PayPal you will be in the ordering process on the website forwarded by the online provider PayPal. To the invoice amount over To be able to pay PayPal, you must be registered there or first register, legitimize with your access data and the money order to confirm with us. After placing the order in the shop, we require PayPal to initiate the payment transaction. Further information is available during the ordering process. The payment transaction becomes direct through PayPal then done automatically.
(7) If you pay by direct debit, you may have to bear the costs incurred as a result of a chargeback of a payment transaction due to insufficient funds or due to incorrectly transmitted bank details.
(8) If you are in arrears with a payment, you are responsible for the payment of the
statutory default interest of 5 percentage points above the committed base rate. For each letter of reminder after the entry of the If you are sent a late payment, you will be charged a reminder fee of 2.50 EUR, unless in individual cases a lower or higher
Damage is proven.
5 set-off / right of retention (1) You are only entitled to offset if yours Counterclaim has been legally established, not disputed by us or is recognized or in a close synallagmatic relationship to our claim stands.
(2) You can only exercise a right of retention as far as yours counterclaim based on the same contractual relationship.
6 delivery; Retention of title (1) Unless otherwise agreed, the delivery of the goods is made by our warehouse to the address indicated by you.
(2) The goods remain our until full payment of the purchase price property.
(3) If you are an entrepreneur within the meaning of Section 14 BGB, the following also applies:
- We reserve ownership of the goods until complete settlement of all claims from the current business relationship.
Before transfer of ownership of the reserved goods is a pledge or security transfer not allowed.
- You may resell the goods in the ordinary course of business. For In this case you already enter all claims in the amount of Invoice amount that accrue to you from the resale, to us We accept the assignment, but you are collecting the money Claims authorized. As far as your payment obligations are not duly, we reserve the right to
Collect receivables yourself.
- When connecting and mixing the reserved goods, we acquire co-ownership of the new object in proportion to the invoice value of the reserved goods to other processed objects to time of processing.
- We undertook to provide the securities due to us on request in so far as the realizable value of our securities is the receivables to be secured by more than 10%. The selection of collateral to be released is our responsibility.
7 Cancellation policy In the event that you are a consumer within the meaning of Section 13 BGB, so the purchase too
For purposes that are predominantly neither commercial nor their own be assigned to independent professional activity, you have one withdrawal in accordance with the following provisions.
Withdrawal
You have the right, within fourteen days without giving any reason this contract to revoke.
The withdrawal period is fourteen days from the date on which you or one of third party named to you, who is not the carrier, the goods in possession have taken or has.
To exercise your right of withdrawal, you must contact us

Only Cosmetics GmbH
Koenigsallee 27
40212 Dusseldorf
Executive Directors:
M. Sokiran
Email: info@onlysmile.de

by means of a clear statement (eg a letter sent by post, fax or e-mail) about your decision to withdraw from this contract, inform. You can use the attached model withdrawal form but not required.
To comply with the withdrawal period, it is sufficient that you send the message on the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw this contract, we will have you all the payments we made received from you, including delivery costs (except for additional costs that result from having a different type of delivery as the cheapest standard delivery offered by us immediately and at the latest within fourteen days from the date of to which the notice of withdrawal of this contract is attached we have received. We use the same for this repayment Means of payment used in the original transaction unless otherwise agreed with you; in none case you will be charged for these repayment charges.
Copyright: HÄRTING Attorneys at Law, www.haerting.de, contract texts@haerting.de
Chausseestrasse 13, 10115 Berlin, phone (030) 28 30 57 40, fax (030) 28 30 57 4

We can refuse the repayment until we return the goods or until you have provided proof that you have the goods have been returned, whichever is the earlier.
You have the goods immediately and in any case no later than fourteen days from the date on which you give us notice of the cancellation of this contract teach, send back to us or to or hand over. The deadline is if you receive the goods before the expiration of the period of fourteen days send.
You bear the immediate costs of returning the goods.
You only have to pay for any loss of value of the goods if this value loss on one to the examination of the condition, characteristics and functioning of the goods not necessary handling them is due.
Copyright: HÄRTING Attorneys at Law, www.haerting.de, contract texts@haerting.de
Chausseestrasse 13, 10115 Berlin, phone (030) 28 30 57 40, fax (030) 28 30 57 4

Model withdrawal form
If you want to cancel the contract, please fill out this form and send it back.
On
Only Cosmetics GmbH
Koenigsallee 27
40212 Dusseldorf
Executive Directors:
M. Sokiran

I / we (*) hereby revoke the contract concluded by me / us (*)
the purchase of the following goods (*):
Ordered on (*) / received on (*)
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer (s) (only when notified on paper)
data
(*) Delete as appropriate.
End of revocation

(1) The right of withdrawal does not exist
- for delivery of goods that are not prefabricated and for their making an individual choice or determination by the consumer is authoritative or which is clearly on the personal needs of the consumer are tailored,
- on delivery of sealed goods, for reasons of health or hygiene are not suitable for return, if their seal was removed after delivery or
- on delivery of goods, if these are due to their delivery after delivery Nature were inseparably mixed with other goods.
Copyright: HÄRTING Attorneys at Law, www.haerting.de, contract texts@haerting.de
Chausseestrasse 13, 10115 Berlin, phone (030) 28 30 57 40, fax (030) 28 30 57 4

(2) Please avoid damage and contamination. Send the Goods please in original packaging if possible with all accessories and with all packaging components back to us. If necessary, use one protective outer packaging. If you no longer have the original packaging, please ensure that you have suitable packaging for one
Adequate protection against transport damage, claims for damages to avoid damage due to defective packaging.
(3) Please call us before returning at +49 211 33764072 to get the To announce the return. In this way, you allow us one fastest possible allocation of the products.
(4) Please note that those mentioned in the previous paragraphs 2 and 3 Modalities are not a prerequisite for the effective exercise of the Withdrawal are.
8 transport damages (1) If goods are delivered with obvious transport damage, then
Please report such errors to the deliverer immediately and take them please contact us as soon as possible.
(2) Failure to make a complaint or contact for your statutory warranty rights has no consequences. But they help us our own claims against the carrier or the To assert transport insurance.
9 Warranty (1) Unless otherwise expressly agreed, yours Warranty claims in accordance with the statutory provisions of purchase law (§§ 433 ff. BGB).
(2) If you are a consumer within the meaning of § 13 BGB, is the period of liability for warranty claims for used goods - Deviating from the legal regulations - one year. These Limitation does not apply to claims due to damages arising from the
Injury to life, body or health or from the violation of an essential contractual obligation, the fulfillment of which proper implementation of the contract in the first place whose compliance the contracting party may regularly rely on (cardinal obligation) as well as for claims due to other damages that on an intentional or grossly negligent breach of duty of the user or his vicarious agents.
(3) For the rest, the statutory provisions apply to the warranty, in particular the two-year limitation period acc. Section 438 (1) no.3 BGB.
(4) If you are an entrepreneur within the meaning of Section 14 BGB, the statutory
Provisions with the following modifications:
- For the condition of the commodity are only our own data and the product description of the manufacturer binding, but not public
Promotions and comments and other advertising of the manufacturer.
- You are obliged to deliver the goods without delay and with the necessary
Take care to examine quality and quantity deviations and us
obvious defects within 7 days of receipt of the goods.
Deadline is sufficient for timely dispatch. This also applies to
later discovered hidden defects from discovery. In case of injury
The obligation to examine and to object is the assertion of the
Warranty claims excluded.
- In case of defects, we provide warranty at our discretion by repair
or replacement delivery (supplementary performance). In the case of rectification must
We do not bear the increased costs incurred by the shipment of the goods
to a place other than the place of performance, provided that the
Shipment not the intended use of the goods
equivalent.
- If the post-performance fails twice, you can do so at your option
Demand reduction or withdrawal from the contract.
- The warranty period is one year from the date of delivery.
10 liability (1) Unlimited liability: We are fully liable for intent and gross
Negligence and in accordance with the product liability law. For easy
We are liable for negligence in the event of damage resulting from injury to life, the
Body and the health of persons.
(2) For the rest, the following limited liability applies: In case of slight negligence
we are only liable in case of breach of a material contractual obligation,
their fulfillment the proper execution of the contract at all
first made possible and on whose compliance you can regularly rely
(Obligation). The liability for slight negligence is the amount
limited to the damages foreseeable at the time of conclusion of the contract, with
Emergence typically has to be expected. thesis
Limitation of liability also applies in favor of our vicarious agents.
11 Alternative Dispute Resolution The EU Commission has a platform for out-of-court settlement
provided. This gives consumers the opportunity to resolve disputes
Connection with your online order first without the involvement of a
Clarify the court. The dispute resolution platform is under the external link
http://ec.europa.eu/consumers/odr/ available.
We endeavor to resolve any disagreements from our contract
by mutual agreement. In addition, we are about to attend one
Conciliation procedure is not obligatory and can give you the participation in one
unfortunately not offer such procedures.
12 Final provisions (1) Should one or more provisions of these Terms be invalid or
By doing so, the validity of the other provisions will be affected
not touched.
(2) Contracts between us and you are exclusively subject to German law
Applicable to the exclusion of United Nations provisions
Convention on Contracts for the International Sales of Goods (CISG, “UNContent”).
Mandatory provisions of the country in which you are
usually stay, remain untouched by the choice of law.
(3) Are you a merchant, legal entity under public law or public law
Special assets, so our place of business is the place of jurisdiction for all
Disputes arising out of or in connection with contracts between us and
theme
As of 01.01.2019
Copyright: HÄRTING Attorneys at Law, www.haerting.de, contract texts@haerting.de
Chausseestrasse 13, 10115 Berlin, phone (030) 28 30 57 40, fax (030) 28 30 57 4