General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Nutracosmetic GmbH) via the website evobeaute.eu. Unless otherwise agreed, the inclusion of any of your own terms and conditions is objected to.
(2) A consumer within the meaning of the following regulations is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we already submit to you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can access the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time.
After clicking the “Checkout” or “Proceed to Order” button (or similar designation) and entering the personal data as well as the payment and shipping conditions, you will finally be shown the order data as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as the payment method, you will either be directed to the order overview page in our online shop or to the website of the provider of the instant payment system.
If redirected to the respective instant payment system, make the appropriate selection or enter your details there. Finally, on the website of the provider of the instant payment system or after you have been directed back to our online shop, you will be shown the order data as an order overview.
Before submitting the order, you have the opportunity to review the information in the order overview, change it (also via the “back” function of the internet browser) or cancel the order.
By sending the order via the corresponding button (“order with obligation to pay”, “buy” / “buy now”, “order with cost”, “pay” / “pay now” or similar designation), you declare legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your inquiries for the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days (unless otherwise stated in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, not prevented by SPAM filters.
§ 3 Contract Duration / Termination for Subscription Contracts
(1) The subscription contract concluded between you and us has the duration specified in the respective offer, hereinafter referred to as the “initial term”. An initial term of more than 2 years cannot be agreed upon.
(2) If the subscription contract is not terminated by one of the parties one month before the end of the initial term (unless a shorter period is specified in the respective offer), it is tacitly extended for an indefinite period.
The extended contractual relationship can be terminated at any time with a notice period of one month (unless a shorter period is specified in the respective offer).
(3) The right to immediate termination for good cause remains unaffected by this.
(4) Any termination must be declared and transmitted either in text form (e.g. e-mail) or via the termination button integrated on our website (“Cancel contracts here” or similar designation).
§ 4 Special Agreements on Offered Payment Methods
(1) Payment via “PayPal” / “PayPal Checkout”
If a payment method offered through “PayPal” / “PayPal Checkout” is selected, the payment processing is handled by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The individual payment methods via “PayPal” are displayed under an appropriately labeled button on our website and in the online ordering process. For payment processing, “PayPal” may use other payment services; if special payment terms apply, you will be informed separately. More information about “PayPal” can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full (https://www.paypal.com/de/webapps/mpp/ua/legalhub-full).
§ 5 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Warranty
(1) The statutory liability for defects applies.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation is only considered agreed if you were informed of it by us before submitting the contract declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 7 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law only applies to the extent that it does not withdraw the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence (principle of favorability).
(2) The place of performance for all services arising from the business relationships existing with us, as well as the place of jurisdiction, is our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual abode is unknown at the time the action is filed. The authority to also call upon the court at another legal venue remains unaffected by this.
(3) The provisions of the UN Sales Convention are expressly not applicable.
II. Customer Information
1. Identity of the Seller
Nutracosmetic GmbH
Theodor-Sanne-Strasse 6
83233, Bernau am, Chiemsee
Germany
Phone: +49 172 8113754
E-Mail: info@nutracosmetic.de
Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (OS platform), available at https://ec.europa.eu/odr (https://ec.europa.eu/odr).
We are neither willing nor obligated to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the regulations “Conclusion of the Contract” in our General Terms and Conditions (Part I.).
3. Contract Language, Contract Text Storage
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser’s print function. After we receive the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by e-mail.
3.3. For offer inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by e-mail, which you can print out or save electronically.
4. Codes of Conduct
4.1. We have submitted to the quality criteria of Trusted Shops GmbH, which can be viewed at: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf)
5. Essential Characteristics of the Goods or Service
The essential characteristics of the goods and/or service can be found in the respective offer.
6. Prices and Payment Methods
6.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. They can be viewed via an appropriately labeled button on our website or in the respective offer, are shown separately during the ordering process, and must be borne by you additionally, unless free shipping has been promised.
6.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees charged by credit institutions), which you will have to bear.
6.4. You will have to bear any costs incurred for money transfer (transfer or exchange rate fees charged by credit institutions) in cases where delivery is made to an EU member state but payment was initiated outside the European Union.
6.5. The payment methods available to you are indicated under an appropriately labeled button on our website or in the respective offer.
6.6. Unless otherwise stated for individual payment methods, payment claims from the concluded contract are due immediately.
7. Delivery Conditions
7.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under an appropriately labeled button on our website or in the respective offer.
7.2. As far as you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
8. Statutory Liability for Defects
The liability for defects is governed by the “Warranty” regulation in our General Terms and Conditions (Part I).
9. Contract Duration / Termination
Information on the duration of the contract and the termination conditions can be found in the “Contract Duration / Termination for Subscription Contracts” regulation in our General Terms and Conditions (Part I) as well as in the respective offer.
These General Terms and Conditions and customer information were created by lawyers specializing in IT law from the Händlerbund and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. You can find more information on this at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).
Last updated: 17.04.2025
