Terms and Conditions

1. Scope, Contract Language

1.1. These General Terms and Conditions (hereinafter: "GTC") apply to all contracts concluded via our online shop between you as our customer and us, ONE nutrition GmbH, represented by the managing director Dr. med. Marco Hartl, Unterspitzackerweg 17, 93128 Regenstauf, E-Mail: info@one-nutrition.de, Registry Court: Amtsgericht Regensburg, Commercial Register Number: HRB 20866 (hereinafter: "One").

1.2. All agreements concluded between you and us in connection with the purchase contract result in particular from these GTC, our written order confirmation and our declaration of acceptance.

1.3. The version of the GTC valid at the time of concluding the contract shall be decisive.

1.4. We do not accept any deviating terms and conditions of the customer. This also applies if we do not explicitly object to their inclusion.

2. Conclusion of Contract

2.1. The presentation of goods and services in our online shop does not constitute a legally binding offer, but an invitation to place an order (invitatio ad offerendum).

2.2. By clicking the "Order with obligation to pay" button in the last step of the ordering process, you submit a binding offer to purchase the goods displayed in the order summary. Immediately after sending the order, you will receive an order confirmation, which, however, does not yet constitute an acceptance of your contract offer. A contract between you and us is concluded as soon as we accept your order by a separate e-mail or dispatch the goods. Please regularly check the SPAM folder of your e-mail inbox.

3. Prices and Shipping Costs

3.1. All prices in our online shop are gross prices including the statutory value-added tax and do not include applicable shipping costs.

3.2. The shipping costs are indicated in our price information in our online shop. The price including value-added tax and applicable shipping costs will also be displayed in the order mask before you submit the order.

3.3. If we fulfill your order by partial deliveries according to Section 5 para. 2, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

3.4. If you effectively revoke your contractual declaration according to Section 6, you can, under the legal conditions, demand reimbursement of already paid shipping costs to you (delivery costs) (cf. Section 6.3(e) for other consequences of revocation).

4. Payment Terms

4.1. The purchase price is due immediately upon order. Payment for the goods is made by prepayment, SOFORT Überweisung, Stripe, or PayPal.

4.2. The goods remain our property until full payment.

4.3. You are not entitled to offset our claims, unless your counterclaims have been legally established or are undisputed. You are also entitled to offset our claims if you assert notices of defects or counterclaims arising from the same purchase contract.

4.4. As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

5. Delivery Conditions

5.1. We deliver the goods according to the agreements made with you.

5.2. We are entitled to make partial deliveries, as far as this is reasonable for you.

5.3. For orders from customers residing or having their business address abroad or in case of justified indications of a risk of payment default, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (hereinafter: "prepayment reservation"). If we make use of the prepayment reservation, we will inform you immediately.

6. Right of Withdrawal

6.1. If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.

6.2. If you, as a consumer, exercise your right of withdrawal according to Section 1, you shall bear the regular costs of the return shipment.

6.3. Furthermore, the provisions set out in detail in the following shall apply to the right of withdrawal

Instructions on Withdrawal

(a) You have the right to withdraw from this contract within fourteen days without giving any reason.

(b) The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

(c) To exercise your right of withdrawal, you must inform us, One Nutrition GmbH, represented by the managing director Dr. med. Marco Hartl, Unterspitzackerweg 17, 93128 Regenstauf, E-Mail: info@one-nutrition.de. Registry Court: Amtsgericht Regensburg, Commercial Register Number: HRB 20866, by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the model withdrawal form provided below, which is not mandatory. You can also electronically complete and submit the model withdrawal form or another clear statement on our website (www.one-life-sciences.com). If you make use of this option, we will immediately send you a confirmation of receipt of such a withdrawal (e.g. by e-mail).

(d) To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

(e) Consequences of Withdrawal

(1) If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

(2) You shall send back or hand over the goods to us or to (here, if applicable, the name and address of the person authorized by you to receive the goods are to be inserted) without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.

(3) You bear the direct cost of returning the goods.

(4) You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their quality, properties and functionality.

- End of the Instructions on Withdrawal -

6.4. The right of withdrawal does not apply to the following contracts:

(a) Contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

(b) Contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

 

6.5. Model Withdrawal Form

(If you wish to withdraw from the contract, please fill out this form and send it back.)

To

One Nutrition GmbH
Unterspitzackerweg 17
93128 Regenstauf

E-Mail: info@one-nutrition.de

I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only for communication on paper)

Date

(*) Delete as appropriate

7. Warranty for Purchases of Goods

7.1. We are liable for material defects or defects of title of delivered goods in accordance with the applicable statutory provisions.

7.2. The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. For claims due to defects that we have fraudulently concealed, the regular limitation period applies.

7.3. You are also entitled to rights due to defects within the scope of a quality and/or durability guarantee, provided that we have expressly given such a guarantee for the sold item in an individual case.

8. Limitation of Liability

8.1. We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of duties whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the contract's purpose and on whose observance you as a customer can regularly rely. In the latter case, however, we are only liable for the foreseeable, typical damage. The same applies to breaches of duty by our vicarious agents.

8.2. The foregoing exclusions of liability do not apply to injury to life, limb, and health. Liability under the Product Liability Act remains unaffected.

9. Copyrights

We hold copyrights to all images, films, and texts published in our online shop. Any use of the images, films, and texts is not permitted without our express consent.

10. Applicable Law; Place of Jurisdiction; Online Dispute Resolution and Alternative Dispute Resolution

10.1. The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you placed the order as a consumer and at the time of your order you have your habitual residence in another country, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.

10.2. If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is Regensburg. Otherwise, the applicable statutory provisions for local and international jurisdiction shall apply.

10.3. The European Commission provides a platform for online dispute resolution (OS) at http://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board according to the German Consumer Dispute Resolution Act (VSBG).

11. Data Protection Notice

11.1. We collect, process, and use your personal data, in particular your contact data, for the processing of your order, including your email address if you provide it to us. For credit assessment, we may use information (e.g., a so-called score value) from external service providers to assist in decision-making and make the payment method dependent on it. This information also includes information about your address. This is done for the purpose of contract execution, Art. 6 para. 1 lit. b) GDPR. For details, please refer to our Privacy Policy.