Terms & Conditions


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

at the online store of

Only cosmetics GmbH

Königsallee 27

40212 Dusseldorf

Executive Director:

M. Sokiran


(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

contradict, 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,


(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


(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


(3) If you are an entrepreneur within the meaning of § 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 § 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.


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

Königsallee 27

40212 Dusseldorf

Executive Director:

M. Sokiran

E-Mail: 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 this repayment charges.

Copyright: HÄRTING Attorneys at Law, www.haerting.de, Vertragstexte@haerting.de

Chausseestraße 13, 10115 Berlin, Tel. (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


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, Vertragstexte@haerting.de

Chausseestraße 13, 10115 Berlin, Tel. (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.


Only cosmetics GmbH

Königsallee 27

40212 Dusseldorf

Executive Director:

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)


(*) 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, Vertragstexte@haerting.de

Chausseestraße 13, 10115 Berlin, Tel. (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 [Tel.No.] 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 has for your

statutory warranty rights 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 § 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 from 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


– If the post-performance fails twice, you can do so at your option

Demand reduction or withdraw from the contract.

– The warranty period is one year from 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. These

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


As of 01.01.2019

Copyright: HÄRTING Attorneys at Law, www.haerting.de, Vertragstexte@haerting.de

Chausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4

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