General terms and conditions

1. Scope, contract language

1.1. These terms and conditions (hereinafter: “Terms and Conditions”) 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: Regensburg District Court, register number: HRB 20866 (hereinafter: “One”).

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

1.3. The version of the terms and conditions valid at the time of conclusion of the contract is decisive.

1.4. We do not accept any deviating conditions from the customer. This applies even if we do not expressly object to the inclusion.

2. Conclusion of the contract

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

2.2. By clicking on the “Order subject to payment” button in the last step of the ordering process, you are making a binding offer to buy the goods shown in the order overview. Immediately after submitting the order, you will receive an order confirmation, which, however, does not yet represent an acceptance of your contract offer. A contract between you and us is concluded as soon as we accept your order by sending a separate email or dispatch the goods. Please check the SPAM folder in your e-mail inbox regularly.

3. Prices and shipping costs

3.1. All prices in our online shop are gross prices including statutory sales tax and are exclusive of applicable shipping costs.

3.2. The shipping costs are listed in our prices in our online shop. The price, including sales tax and applicable shipping costs, is also shown in the order form before you submit the order.

3.3. If we fulfill your order in accordance with Section 5 (2) through partial deliveries, 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 cancel your contract declaration in accordance with § 6, you can demand reimbursement of shipping costs already paid to you (shipping costs) (cf. §6.3 (e) for other consequences of withdrawal).

4. Payment terms

4.1. The purchase price is due immediately upon ordering. Payment for the goods is made in advance, SOFORT Überweisung, Stripe or PayPal.

4.2. The goods remain our property until full payment has been made.

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 make complaints or counterclaims arising from the same purchase contract.

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

5. Delivery terms

5.1. We deliver the goods in accordance with the agreements made with you.

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

5.3. For orders from customers whose place of residence or business is abroad or if there is reasonable evidence of a payment default risk, we reserve the right to deliver only after receipt of the purchase price and shipping costs (hereinafter: “reservation of advance payment”). If we make use of the advance payment 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, as a consumer, you make use of your right of withdrawal in accordance with paragraph 1, you must bear the regular costs of returning the goods.

6.3. In addition, the rules for the right of withdrawal apply, which are set out in detail in the following

Withdrawal policy

(a) You have the right to cancel this contract within fourteen days without giving reasons.

(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, has or has taken possession of the goods.

(c) In order to exercise your right of withdrawal, you must send us One Nutrition GmbH of One Nutrition GmbH, represented by the managing director Dr. med. Marco Hartl, Unterspitzackerweg 17, 93128 Regenstauf, e-mail: info@one-nutrition.de. Register court: Regensburg District Court, registration number: HRB 20866, by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You can use the sample withdrawal form attached below, but this is not mandatory. You can also fill out and submit the sample withdrawal form or another clear statement electronically on our website (www.one-life-sciences.com). If you make use of this option, we will immediately (e.g. by email) send you confirmation of receipt of such a withdrawal.

(d) In order to meet the withdrawal period, it is sufficient that you send the notification that you have exercised your right of withdrawal before the withdrawal period has expired.

(e) Consequences of withdrawal

(1) If you cancel this contract, we must repay you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used for the original transaction, unless something else has been expressly agreed with you; under no circumstances will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

(2) You must return or hand over the goods immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract to us or to (where applicable, the name and address of the person authorized by you to receive the goods must be inserted here). The deadline is met if you send the goods before the period of fourteen days has expired.

(3) You bear the direct costs 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 them that is not necessary to check the nature, properties and functioning of the goods.

- End of cancellation policy-

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

(a) Contracts for the delivery of goods which are not prefabricated and whose manufacture is subject to individual selection or determination by the consumer or which are clearly tailored to the consumer's personal needs.

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

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6.5. Sample withdrawal form

(If you want to cancel the contract, please fill out this form and send it back.)

An

One Nutrition GmbH
Unterspitzackerweg 17
93128 Regenstauf

email: info@one-nutrition.de

I/we (*) hereby cancel 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 if notified on paper)

date

(*) Delete where incorrect

7. Warranty for purchases of goods

7.1. We are liable for material or legal defects of delivered goods in accordance with applicable legal regulations.

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

7.3. You are also entitled to rights due to defects under a quality and/or durability guarantee, provided that we have expressly provided such a guarantee with regard to the item sold in individual cases.

8. Liability limitation

8.1. We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations whose fulfilment makes the proper execution of the contract possible in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer may regularly rely. In the latter case, however, we are only liable for foreseeable, contract-typical damage. The same applies to breaches of duty by our vicarious agents.

8.2. The above liability exclusions do not apply in the event of injury to life, body or health. Liability under the Product Liability Act remains unaffected.

9. Copyrights

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

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

10.1. The laws of the Federal Republic of Germany apply, excluding the UN sales law. If you have placed the order as a consumer and are habitually resident in another country at the time you place your order, the application of mandatory legislation in that country remains unaffected by the choice of law made in sentence 1.

10.2. If you are a merchant and are based in Germany at the time of ordering, the exclusive place of jurisdiction is Regensburg. In addition, the applicable legal provisions apply to local and international jurisdiction.

10.3. The European Commission provides a platform for online dispute resolution (OS) at http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in dispute resolution proceedings under the Consumer Dispute Resolution Act (VSBG).

11. Data protection notice

11.1. We collect, process and use your personal data, in particular your contact details, to process your order, including your e-mail address if you provide it to us. For credit checks, we can use information (e.g. a so-called score value) from external service providers to help make decisions and make the payment method dependent on this. The information also includes information about your address. This is done for the purpose of contract processing, Art. 6 para. 1b) GDPR. For details, please see our Privacy statement.

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