Terms of service

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Contract Term and Termination for Subscription Contracts for Goods
7. Retention of Title
8. Liability for Defects (Warranty)
9. Liability
10. Redemption of Promotional Vouchers
11. Redemption of Gift Vouchers
12. Applicable Law
13. Place of Jurisdiction
14. Code of Conduct
15. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of NF Cosmetics GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller in relation to the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self employed professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership who, when entering into a legal transaction, acts in the exercise of their commercial or self employed professional activity.

1.5 Depending on the Seller’s product description, the subject matter of the contract may be either the purchase of goods by way of a one time delivery or the purchase of goods by way of a continuous delivery (hereinafter “Subscription Contract”). Under a Subscription Contract, the Seller undertakes to deliver the contractually owed goods to the Customer for the duration of the agreed contract term at the contractually agreed intervals.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. By placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3 The Seller may accept the Customer’s offer within five days,

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the order has been placed.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day following the dispatch of the offer by the Customer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22 24 Boulevard Royal, L 2449 Luxembourg (hereinafter “PayPal”), subject to the PayPal User Agreement, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or, if the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a PayPal payment method selectable in the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button that completes the ordering process.

2.5 When an offer is submitted via the Seller’s online order form, the contract text is stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g. email, fax or letter) after the order has been sent. The Seller does not provide the contract text beyond this. If the Customer has created a user account in the Seller’s online shop before submitting the order, the order data will be archived on the Seller’s website and can be retrieved by the Customer free of charge via their password protected user account using the relevant login details.

2.6 Before submitting a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for improved detection of input errors may be the browser’s zoom function, which enlarges the display on the screen. The Customer may correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and contact generally take place by email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not nationals of a Member State of the European Union and whose sole place of residence and delivery address at the time the contract is concluded are outside the European Union.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices shown are total prices including statutory VAT. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases which are not attributable to the Seller and must be borne by the Customer. These include, for example, costs for transferring money via credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The available payment method(s) will be communicated to the Customer in the Seller’s online shop.

4.4 If a payment method offered via the payment service “PayPal” is selected, payment processing is carried out via PayPal, which may also use the services of third party payment service providers for this purpose. If the Seller also offers payment methods via PayPal in which the Seller makes advance payments to the Customer (e.g. purchase on account or installment payment), the Seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the assignment declaration, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted Customer data. The Seller reserves the right to refuse the selected payment method in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer can only make payments to PayPal or the payment service provider commissioned by PayPal with debt discharging effect. However, even in the case of assignment of claims, the Seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, withdrawal declarations and returns, or credit notes.

4.5 If a payment method offered via the payment service “Shopify Payments” is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller’s online shop. Stripe may use additional payment services to process payments, for which special payment terms may apply and to which the Customer may be notified separately. Further information on “Shopify Payments” is available at https://www.shopify.com/legal/terms-payments-de.

4.6 If a payment method offered via the payment service “Klarna” is selected, payment processing is carried out via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and Klarna’s terms are available here:

https://naturfactorcosmetics.com/pages/klarna-zahlungen

4.7 If the payment method “Purchase on Account” is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de) within 30 days from the invoice date without deduction, unless otherwise agreed. The payment method “Purchase on Account” requires a successful credit assessment by Klarna AB. If, after the credit assessment, the Customer is permitted to use the payment method “Purchase on Account”, payment is processed in cooperation with Klarna AB, to whom the Seller assigns its payment claim. In this case, the Customer can only make payments to Klarna AB with debt discharging effect. Otherwise, the General Terms and Conditions of Klarna AB apply, which the Customer can access during the ordering process. The Seller reserves the right to offer the payment method “Purchase on Account” only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of the relevant payment restriction in the payment information in the online shop.

5) Delivery and Shipping Terms

5.1 If the Seller offers shipping of the goods, delivery is made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive for the processing of the transaction.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of shipping to the Customer if the Customer effectively exercises their right of withdrawal. With regard to return shipping costs, the provisions set out in the Seller’s withdrawal policy apply in the event of an effective exercise of the right of withdrawal by the Customer.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon handover of the goods to the Customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the Customer in the case of consumers as soon as the Seller has delivered the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment, if the Customer has commissioned the freight forwarder, carrier or other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self supply. This applies only if the non delivery is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of non availability or only partial availability of the goods, the Customer will be informed without delay and any consideration will be refunded without delay.

5.5 Self collection is not possible for logistical reasons.

5.6 Vouchers are provided to the Customer as follows:

• by download
• by email

6) Contract Term and Termination for Subscription Contracts for Goods

6.1 Subscription contracts are concluded for an indefinite period and may be terminated by the Customer at any time without notice.

6.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.

6.3 Terminations may be made in writing, in text form (e.g. by email) or electronically via the termination facility (termination button) provided by the Seller on its website.

7) Retention of Title

If the Seller provides goods in advance, the Seller retains title to the delivered goods until full payment of the purchase price owed has been received.

8) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the statutory provisions on liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:

8.1 If the Customer acts as an entrepreneur,

• the Seller shall have the choice of the type of subsequent performance;
• the limitation period for defect claims for new goods is one year from delivery of the goods;
• defect claims are excluded for used goods;
• the limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.

8.2 The above liability limitations and shortened limitation periods do not apply

• to claims for damages and reimbursement of expenses by the Customer,
• if the Seller fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
• for any obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

8.3 In addition, for entrepreneurs, the statutory limitation periods for any statutory right of recourse remain unaffected.

8.4 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations regulated there, the goods shall be deemed approved.

8.5 If the Customer is a consumer, the Customer is requested to complain to the carrier about delivered goods with obvious transport damage and to inform the Seller accordingly. Failure to do so has no effect on the Customer’s statutory or contractual defect claims.

9) Liability

The Seller shall be liable to the Customer for claims for damages and reimbursement of expenses arising from all contractual, quasi contractual and statutory claims, including tortious claims, as follows:

9.1 The Seller shall be liable without limitation on any legal basis

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, body or health,
• on the basis of a guarantee, unless otherwise regulated in this respect,
• on the basis of mandatory liability, such as under the Product Liability Act.

9.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the contract typical, foreseeable damage, unless liability is unlimited pursuant to the above clause. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes proper performance of the contract possible in the first place and on the compliance with which the Customer may regularly rely.

9.3 In all other respects, the Seller’s liability is excluded.

9.4 The above liability provisions shall also apply with regard to the liability of the Seller for its agents and legal representatives.

10) Redemption of Promotional Vouchers

10.1 Vouchers issued by the Seller free of charge as part of promotional campaigns with a specific validity period and which cannot be purchased by the Customer (hereinafter “Promotional Vouchers”) can only be redeemed in the Seller’s online shop and only during the stated period.

10.2 Promotional Vouchers may only be redeemed by consumers.

10.3 Individual products may be excluded from the voucher campaign, insofar as a corresponding restriction results from the content of the Promotional Voucher.

10.4 Promotional Vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

10.5 Only one Promotional Voucher may be redeemed per order.

10.6 If the Promotional Voucher relates to a specific value and not to a percentage discount, the value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.

10.7 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.

10.8 The balance of a Promotional Voucher is neither paid out in cash nor does it bear interest.

10.9 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the Promotional Voucher within the scope of the statutory right of withdrawal.

10.10 The Promotional Voucher is intended only for use by the person named on it. Transfer of the Promotional Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

11) Redemption of Gift Vouchers

11.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter “Gift Vouchers”) can only be redeemed in the Seller’s online shop, unless otherwise stated on the voucher.

11.2 Gift Vouchers and remaining balances of Gift Vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Remaining balances will be credited to the Customer until the expiry date.

11.3 Gift Vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

11.4 Only one Gift Voucher may be redeemed per order.

11.5 Gift Vouchers can only be used to purchase goods and not to purchase additional Gift Vouchers.

11.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.

11.7 The balance of a Gift Voucher is neither paid out in cash nor does it bear interest.

11.8 The Gift Voucher is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the Gift Voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of authorization, legal incapacity or lack of authority to represent of the respective holder.

12) Applicable Law

12.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

12.2 Furthermore, this choice of law regarding the statutory right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not nationals of a Member State of the European Union and whose sole place of residence and delivery address at the time the contract is concluded are outside the European Union.

13) Place of Jurisdiction

If the Customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the Seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. However, in the aforementioned cases, the Seller is in any event entitled to bring proceedings before the court at the Customer’s place of business.

14) Code of Conduct

- The Seller has submitted to the terms of participation for the eCommerce initiative “Fairness in Trade”, which are available at https://www.fairness-im-handel.de/teilnahmebedingungen/.

15) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.