General terms and conditions of business of her1 GmbH
Conditions within the framework of contracts concluded between her1 GmbH, Oranienstr. Via the https://www.her.one platform. 185, 10999 Berlin (managing director: Ms. Chanyu Xu, register court, district court Charlottenburg, register number: HRB 189949 B, sales tax identification number according to §27 a, sales tax law: DE313590458) - hereinafter referred to as "provider" - and the one in § 2 (2) of these Terms and conditions designated users of this platform - hereinafter referred to as "customers" - are closed.
(1) For the business relationship between the provider and the customer only the following general terms and conditions apply in the version valid at the time of the order. The offer is aimed exclusively at end users i. S. d. § 13 BGB.
Contractual conditions with customers who do not act as consumers will be communicated separately and on request.
(2) All agreements concluded between the customer and the provider about the delivery of goods result in particular from these general terms and conditions, our written order confirmation and our declaration of acceptance. Conflicting, deviating or supplementary general terms and conditions of the customer are not recognized.
(3) Insofar as the feminine form is used in the provisions of these General Terms and Conditions, this is only for language simplification. The regulations also apply equally to male participants.
§2 conclusion of contract
(1) On www.her.one, the customer can select products and the desired delivery frequency from the range of the provider. By clicking the button provided, products are placed in the shopping cart.
(2) The customer has the opportunity to check the product selection and the specified data (e.g. delivery address or payment method) and, if necessary, change it at any time before placing an order. With the "Buy Now" button, the customer makes a binding offer to purchase the products in the shopping cart.
(3) The provider immediately confirms the receipt of the order electronically. The order confirmation does not yet constitute an acceptance of the offer by the provider, but only documents the receipt of the order and its content. The contract only comes into existence through the provider's declaration of acceptance, sent by separate email. The ordered goods or the ordered voucher are not intended for resale. Therefore, only orders in normal household quantities are accepted.
(4) In the declaration of acceptance or in a separate e-mail, but at the latest when the goods are delivered, the customer's contract text (consisting of order confirmation, order, tracking number of the goods, invoice, link to terms and conditions) will be stored by us on a durable medium and sent in printable form. The customer will receive another email separately for the declaration of acceptance when the goods are dispatched.
(5) All information provided by the customer in the ordering process must be current and truthful. The customer password must not be passed on to third parties and must be kept inaccessible to unauthorized persons. The provider must be notified immediately in writing of any loss or transfer. The customer is liable for misuse, for example in the case of orders with your customer password by third parties in accordance with the statutory provisions.
(6) The contract is concluded in the following languages: German.
(7) The statutory right of withdrawal applies. The provider hereby draws the customer's attention to the information below on the statutory right of withdrawal for consumers after the end of the GTC.
§3 electronic communication
(1) The customer agrees that the contract-related communication can take place in electronic form.
(2) Order processing and contacting usually take place via email and automated order processing. The customer must ensure that the e-mail address provided by her for order processing is functional, so that the e-mails sent by the provider can be received at this e-mail address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the provider or by third parties commissioned with the order processing can be delivered.
(3) Registration with her1 via Facebook is only permitted if you use your correct first and last name on Facebook as well as complete and correct contact details for the purposes of order processing or if you provide Her1 with this in text form immediately after completing the registration.
§4 Availability of goods, delivery, prices, payment modalities
(1) The illustrations and descriptions used in the web shop are non-binding unless they are expressly designated as binding. Minor deviations from the same are harmless for the fulfillment of the contract, unless they are unreasonable.
(2) If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer immediately. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the provider is also entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer. The customer's statutory right of withdrawal remains unaffected.
(3) Delivery times are calculated from the time of debiting the contractually owed payment and require the payment of the purchase price in advance. The following delivery restrictions exist: The provider only delivers to customers who can provide a delivery address in Germany within the delivery area shown on the website.
(4) The customer can make the payment by PayPal or credit card (Mastercard, Visa).
(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar (next order / debit), the customer is already in default by missing the appointment.
(6) The customer is only entitled to offset if counterclaims have been legally established, recognized by the provider or are undisputed.
§5 contract duration and termination modalities
(1) In the case of contractual relationships with a fixed term or for a fixed number of agreed deliveries, the contract ends when the term expires or when the agreed deliveries are sent. No separate termination is required in these cases. An automatic extension of the contract is excluded.
(2) Subscription contracts can be terminated as follows: The termination must be declared by email to email@example.com stating the name and customer number or by making the appropriate setting in the customer account. If the cancellation is received by her1 no later than 21 days after the last debit, it will affect the next planned monthly debit and delivery. If the cancellation is received by her1 later than 21 days after the last debit, it only affects the next but one monthly debit and delivery.
If e.g. B. is debited on January 1 and the cancellation is received by January 22, the contract is terminated on January 29 (i.e. no debit is triggered on January 29). If, on the other hand, the notice of termination is received after January 22nd and before February 19th, the contract will be terminated on February 26th (i.e. no debit will be triggered on February 26th).
Cancellation before receiving the first delivery is not possible. Termination must be in text form.
(3) Amounts that may have already been paid for effectively canceled services will be reimbursed. The right to extraordinary termination remains unaffected.
(5) If you only want to pause your subscription, please log into youruser accounta. Here you will find a "Customize Box" button. If you activate this, you will be redirected to our contact form, via which you can inform us of your wish to pause the subscription.
(4) In the case of contractual relationships with a fixed term or regarding a fixed number of agreed deliveries, the contract ends when the term expires or when the agreed deliveries are sent. No separate termination is required in these cases. An automatic extension of the contract is excluded.
§6 retention of title
(1) Until full payment of the purchase price, ordered or delivered products remain the property of the provider.
§7 prices and shipping costs
(1) All prices stated on the provider's website include the applicable statutory sales tax and, unless otherwise agreed, from an order value of € 50 including shipping costs within Germany.
§8 delivery and non-acceptance
(1) The provider sends the goods regularly after receipt of the customer's payment. The delivery time is 3 to 5 working days within Germany after debiting.
(2) The provider only delivers to Germany to delivery service-capable addresses within the delivery area specified on the website. If the purchase contract relates to a voucher, the delivery is made by email.
(3) The provider delivers to the delivery address specified by the customer when placing the order.
(4) The customer undertakes to ensure that the goods can be handed over personally to the delivery address specified by them at the delivery time specified by them. If the consignment is not accepted, not picked up, or sent back to us due to an address error caused by the customer, the customer bears the costs of further delivery attempts, if requested by the customer.
(5) operational disruptions - both in the operation of the provider and in that of a supplier or service provider - such as strikes, lockouts and all other cases of force majeure only entitle to the termination of the contract if the customer can no longer be expected to wait any longer, otherwise the delivery period will be extended by the duration of the delay.
(1) Claims by the customer for damages are excluded. This does not include claims for damages on the part of the customer from injury to life, limb, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider is only liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless the customer is entitled to compensation for damage to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4)from Abs. 1 and 2 shall not apply if the provider fraudulently concealed the defect fraudulently or granted a warranty for the condition of the item. The same applies if the supplier and the customer have reached an agreement on the nature of the thing. The provisions of the product liability act shall remain unaffected.
(5) The customer is obliged to product-, consumption– and to read warnings to the delivered products carefully before use and observe. In the case of the products from the assortment of the supplier is expressly to medical devices or medicinal products. The provider does not warrant that the products purchased by the customer, objectives of a few. In any case, the of her1 services represent a pregnancy, nutritional advice or medical advice, or replace such advice. It is the client rests, the taking of her1 products available before, during and after the pregnancy with a doctor vote.
(6) In all cases of improper use of the services Offered required the client to hold the provider harmless. In any case, the provider reserves the right to terminate user account without announced, as soon as a note on the improper and abusive use. The customer indemnifies the provider and also of all claims that third parties may have against the supplier due to reasons on the customer are due, asserted.
§10 warranty for defects, warranty
(1) The provider is liable for defects in accordance with the applicable statutory provisions.
(2) An additional guarantee for the Goods delivered by the supplier only if this is expressly stated in the order confirmation to the respective article has been provided.
§11 information on data processing
(1) The provider collects in the execution of contracts data of the customer. He noted, in particular, the provisions of the Federal data protection act and the Telemedia act. Without the consent of the customer the supplier inventory and usage data of the customer will only collect, process or use, to the extent that this is necessary for the execution of the contractual relationship and for use and invoicing of Telemedia.
(2) Without the consent of the customer, the provider will not use data of the customer for the purposes of advertising, market or opinion research. All further Details are in our privacy agreement here permanently available, fixed.
§12 dispute resolution for consumers
(1) The European Commission maintains a platform for Online dispute resolution (ODR) with other information in the Internet under the Link: (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE) is achievable.
(2) Notwithstanding the foregoing, the provider is not in a dispute settlement procedure before a consumer arbitration i. S. v. consumer dispute resolution law part.
§13 final provisions
(1) contracts between the provider and the customer finds the law of the Federal Republic of Germany under exclusion of the UN sales law and private international law.
(2) The contract shall remain even in case of legal invalidity of single points in his remaining shares obliging. Instead of the invalid legal regulations, to the extent available. To the extent that this is not a party to the contract an unreasonable hardship would constitute, the contract as a Whole void.
(3) The provider reserves the right to change these general terms and conditions for factual reasons (e.g. due to changes in the legal situation or our own offer, technical developments, etc.). This applies in particular if new offers from Her1 require new regulations. The changed terms and conditions will be sent to the customer in advance by email. If the customer does not object to the changed terms and conditions within six weeks, they are considered accepted. In the event of an objection, Her1 can terminate the contract with the customer. Her1 will separately point out these legal consequences in the e-mail with the changed terms and conditions.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation 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 first goods. In order to exercise your right of cancellation, you must inform us (her1 GmbH, Oranienstraße, 185, 10999 Berlin, email address: firstname.lastname@example.org) by means of a clear statement (e.g. a letter sent by post, fax or email) ) about your decision to cancel this contract. You can use the attached sample cancellation form, but this is not mandatory. You can also electronically fill out and submit the model withdrawal form or another clear statement on our website. Please fill in all the necessary information in accordance with the attached sample withdrawal form in the contact mask. If you make use of this option, we will immediately send you a confirmation (e.g. via email) that we have received such a revocation. To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel this contract, we have made all payments that we have received from you, including the delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.However, we reserve the right to pay the shipping costs for goods deliveries below EUR 50.00 within Germany in the amount of Subtract EUR 3.90 from the reimbursement amount or charge the customer retrospectively and deduct it from the reimbursement amount if the purchase value of the order falls below EUR 50.00 after the returned goods have been returned.We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You have the goods immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract to her1 GmbH, Oranienstr. 185, 10999 Berlin to be returned or handed over. The deadline is met if you send the goods before the fourteen day period has expired.You have to bear the direct costs of returning the goods.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 the nature, properties and functionality of the goods.
Exclusion of the right of withdrawal
The right of cancellation does not exist for the following contracts:
– Contracts for the supply of Goods which spoil quickly or whose expiration date would be exceeded.
– Contracts for the supply of sealed Goods which are unsuitable for reasons of health or Hygiene to return when their seal was removed after delivery.
If you want to cancel the contract, please fill out this form and send it back.
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 at (*): ___________________________________
Name of the consumer (s): ________________________
Address of the consumer (s): ______________________
Signature of the consumer (s) (only for notification on paper):
(*) incorrect delete
End of revocation
Status: July 2019