General Terms and Conditions (GTC)
General Terms and Conditions (GTC) of her1 GmbH
Terms and conditions within the framework of contracts concluded via the platform https://www.en.her.one between her1 GmbH, Almstadtstraße 9-11, 10119 Berlin (Managing Director: Ms. Chanyu Xu, Register Court, Charlottenburg Local Court, Register Number: HRB 189949 B, Sales Tax Identification Number pursuant to §27 a, Sales Tax Act: DE313590458) - hereinafter referred to as "Supplier" - and the users of this platform designated in § 2 (2) of these GTC - hereinafter referred to as "Customer".
§1 Scope of Terms
(1) The following General Terms and Conditions in the version valid at the time of order shall apply exclusively to the business relationship between the Supplier and the Customer. The offer is directed exclusively at end consumers i. S. d. § 13 BGB.
Contractual terms with customers who are not acting as consumers will be communicated separately and upon request.
(2) All agreements concluded between the Customer and the Supplier regarding 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 recognised.
(3) Insofar as she/her pronouns are used in the provisions of these General Terms and Conditions, this is only done for linguistic simplification. The regulations also apply equally to male and non-binary participants.
§2 Conclusion of a Contract
(1) The Customer can select products and the desired delivery frequency from the Supplier's assortment on the www.en.her.one page. By clicking on the provided icon, products are placed in the shopping basket.
(2) At any time before placing an order, the Customer has the opportunity to check and, if necessary, change the product selection and the data provided (e.g. delivery address or payment method). By clicking the "Buy now" button, the Customer makes a binding offer to purchase the products in the shopping basket.
(3) The Supplier shall confirm receipt of the order to the Customer electronically without delay. The order confirmation does not constitute an acceptance of the offer by the Supplier, but merely documents the receipt of the order and its content. The contract shall only be concluded by the Supplier's declaration of acceptance transmitted by separate e-mail. The ordered goods or the ordered voucher are not intended for resale. Therefore, only orders in quantities customary for households will be accepted.
(4) In the declaration of acceptance or in a separate email, but at the latest upon delivery of the goods, the text of the contract (consisting of order confirmation, order, tracking number of the goods, invoice, link to GTC) will be sent to the Supplier by us on a durable data medium and in printable form. The Customer will receive another email separately from the declaration of acceptance when the goods are dispatched.
(5) All information provided by the Customer in the order process must be current and truthful. The Customer password may not be passed on to third parties and must be kept inaccessible to unauthorised persons. The Supplier must be notified immediately in text form if the Customer loses or passes on the password. The Customer is liable for misuse, e.g. orders placed with your customer password by third parties, in accordance with the statutory provisions.
(6) The contract shall be concluded in the language: English.
(7) The statutory right of withdrawal applies. In this respect, the Supplier draws the Customer's attention to the instructions on the statutory right of withdrawal for consumers below, after the end of the GTC.
§3 Electronic Communication
(1) The client agrees that contract-related communication may be made in electronic form.
(2) Order processing and contacting usually take place via email and automated order processing. The Customer must ensure that the email address provided by him or her for order processing is functional so that the emails sent by the Supplier can be received under this email address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Supplier or by third parties commissioned by the Supplier to process the order can be delivered.
(3) Registration with her1 via Facebook is only permissible if you use your correct first name and surname on Facebook as well as complete and accurate contact data for the purposes of order processing or communicate these to her1 in text form immediately after completing the registration.
§4 Availability of Goods, Delivery, Prices, Payment Methods
(1) The photographic representations and descriptions used in the web shop are non-binding unless they are expressly designated as binding. Slight deviations from the same are harmless for the fulfilment of the contract, unless they are unreasonable.
(2) If the product specified by the Customer in the order is temporarily unavailable, the Supplier shall inform the Customer of this immediately. In the event of a delay in delivery of more than two weeks, the Customer has the right to withdraw from the contract. In this case, the Supplier is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the Customer. The Customer's statutory right of withdrawal remains unaffected.
(3) Delivery times are calculated from the time the payment due under the contract is debited and are subject to prior payment of the purchase price. The following delivery restrictions apply: The Supplier only delivers to customers who can provide a valid delivery address within the delivery area shown on the website.
(4) The Customer can make the payment via PayPal or credit card (Mastercard, Visa).
(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar (next order/debit), the Customer is already in default by missing the deadline.
(6) The Customer is only entitled to compensation if counterclaims have been legally established, recognised by the Supplier or are undisputed.
§5 Contract Duration and Termination Procedures
(1) In the case of contractual relationships with a fixed term or concerning a fixed number of agreed deliveries, the contract shall end with the expiry of the term or with the delivery of the agreed goods. A separate notice of termination is not required in these cases. Automatic extensions of the contract are excluded.
(2) Subscriber contracts can be terminated as follows: The termination must be declared by e-mail to hello@her.one stating the name and the Customer number or by the corresponding setting in the Customer account. If the termination is received by her1 no later than 21 days after the last direct debit, it shall affect the next scheduled monthly direct debit and delivery. If the termination is received by her1 later than 21 days after the last debit, it shall only affect the following monthly debit and delivery.
If, for example, the account is debited on 1 January and the notice of termination is received by 22 January, the contract is terminated on 29 January (i.e. no debit is triggered on 29 January). If, on the other hand, the cancellation is received after 22 January and before 19 February, the contract is terminated on 26 February (i.e. no debit is triggered on 26 February).
Cancellation before receipt of the first delivery is not possible. Notice of termination must be given in text form.
(3) Amounts that may already have been paid for effectively terminated services will be refunded. The right to extraordinary termination remains unaffected.
(5) If in order to pause the subscription, please log in to the user account. Here there is the button "Customise box". By clicking this button, the user is redirected to a contact form, which can be used to inform the Supplier of the wish to pause the subscription.
(4) In the case of contractual relationships with a fixed term or concerning a fixed number of agreed deliveries, the contract shall end with the expiry of the term or with the delivery of the agreed goods. A separate notice of termination is not required in these cases. An automatic extension of the contract is excluded.
(5) Returns within the agreed minimum subscription period are excluded. Should a return of the second or third delivery take place, the previous deliveries will be recorded as individual deliveries and invoiced accordingly.
§6 Retention of Ownership
(1) Until full payment of the purchase price, ordered or delivered products remain the property of the Supplier.
§7 Prices and Shipping Costs
(1) All prices stated on the website of the Supplier include the applicable statutory VAT and, unless otherwise agreed, include shipping costs from an order value of 34€ (EU) or 250€ (Non-EU).
§8 Delivery and Non-Receipt
(1) The Supplier regularly ships goods after receiving customer payment. The delivery timeframe within Germany is 3 to 5 working days after the payment has been made.
(2) The Supplier only delivers to addresses that can be served by a delivery company within the service area stated on their website. If the purchase contract relates to a voucher, delivery will be made via a printable e-mail.
(3) The Supplier delivers to the delivery address specified by the Customer when placing the order.
(4) The Customer agrees to ensure that the personal delivery of the goods to the delivery address specified by her is possible at the delivery time specified by her. Should the parcel not be accepted, not be collected, or be sent back to us due to an address error for which the Customer is responsible, the Customer shall bear the costs of further delivery attempts if these are requested by the Customer. If no further delivery is desired, the cost of the return shipment will be deducted from the Customer's refund amount. The cost is 5 euros in Germany and Austria, 10 euros in other EU countries (+ Switzerland & UK) and 20 euros in all non-EU countries.
(5) Operational disruptions - both in the Supplier's business and in that of a Supplier or service provider - such as e.g. due to strike, lockout as well as all other cases of force majeure shall only entitle the Customer to terminate the contract if the Customer cannot reasonably be expected to wait any longer, otherwise the delivery period shall be extended by the duration of the delay.
§9 Liability
(1) Claims of the Customer for damages are barred. Excluded from this are claims for damages by the Customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Supplier, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the Supplier shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the Supplier if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply insofar as the Supplier has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies insofar as the Supplier and the Customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
(5) The Customer is obliged to carefully read and observe the product consumption and warning instructions for the products supplied before use. The products in the Supplier's range are expressly not medical products or medicines. The Supplier does not guarantee that the products purchased are suitable for the goals pursued by the Customer. In no case do the services offered by her1 constitute pregnancy or nutritional advice or medical advice, nor do they replace such advice. It is the client's responsibility to coordinate the use of the products available through her1 with a doctor before, during and after pregnancy.
(6) In all cases of improper use of the services offered, the Customer undertakes to indemnify the Supplier. In any case, the Supplier reserves the right to block user accounts without notice as soon as there is an indication of improper or abusive use. The Customer also indemnifies the Supplier against all claims asserted by third parties against the Supplier for reasons attributable to the Customer.
§10 Warranty of Quality, Guarantee
(1) The Supplier shall be liable for material defects in accordance with the statutory provisions applicable in this respect.
(2) An additional guarantee only exists for the goods delivered by the Supplier if this was expressly given in the order confirmation for the respective item.
§11 Notes on Data Processing
(1) The Supplier collects data from the Customer in the course of processing contracts. In doing so, it observes the provisions of the Federal Data Protection Act and the Telemedia Act in particular. Without the Customer's consent, the Supplier will only collect, process or use the Customer's inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.
(2) Without the Customer's consent, the Supplier will not use the Customer's data for the purposes of advertising, market or opinion research. All further details are regulated in our data protection agreement, which is permanently available here.
§12 Dispute Resolution for Consumers
(1) The European Commission maintains an online dispute resolution (ODR) platform with further information, which can be found on the Internet at the link (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN).
(2) Notwithstanding the foregoing, the Supplier shall not participate in any dispute resolution procedure before a consumer arbitration board within the terms of the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz).
§13 Final Provisions
(1) Contracts between the Supplier and the Customer shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods and private international law.
(2) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract shall, however, become ineffective as a whole.
(3) The Supplier reserves the right to change these general terms and conditions for objective reasons (e.g. due to changes in the legal situation or the Supplier's own offer, technical developments, etc.). This applies in particular if new products offered by the Supplier require new regulations. The amended GTC shall be sent to the Customer in advance by e-mail. If the Customer does not object to the amended GTC within six weeks, they shall be deemed accepted. In the event of an objection, the Supplier may terminate the contract with the Customer. The Supplier will separately point out these legal consequences in the email with the amended GTC.
Cancellation Policy
You have the right to cancel this contract within fourteen days without giving any reason. The revocation 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 revocation, you must inform us (her1 GmbH, Almstadtstraße 9-11, 10119 Berlin, email address: hello@her.one) by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to revoke this contract. You can use the attached model cancellation form, which is not mandatory. You can also fill in and submit the model withdrawal form or another clear declaration electronically on our website. To do so, please fill in all the required information in accordance with the enclosed model cancellation form below. If you make use of this option, we will immediately send you a confirmation (e.g. by email) of the receipt of such a revocation. In order to comply with the withdrawal period, it is necessary that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of Withdrawal
If you cancel this contract, we must refund all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. However, we reserve the right to deduct the shipping costs incurred by us for delivery of goods within Germany in the amount of EUR 5 from the refund amount or to subsequently charge such costs to the Customer and deduct them from the refund amount. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to Zenfulfillment / FIEGE, c/o her1 Retoure, Tor 19/20/21, Sülzenbrücker Str. 7, 99192 Apfelstädt, Germany without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You must bear the direct costs of returning the goods. If you use the return label provided by us, we will deduct 5 euros (Germany) for the return shipment from your refund amount. 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 condition, properties and functioning of the goods. In the event of a return, any free gifts sent as part of special promotions must also be returned completely. If the goods have not been returned, we reserve the right to invoice the product and deduct the value of the goods from the refund amount.
Exclusion from the Right of Withdrawal
The right of withdrawal does not apply to the following contracts:
- Contracts for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded.
- 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.
Cancellation form
If you wish to cancel the contract, please complete and return this form.
To
her1 GmbH
Almstadtstraße 9-11,
10119 Berlin
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 the customer(s): ________________________
Address of the customer(s):______________________
Signature of the customer(s) (only in the case of paper notification):
________________________________________________
(*) delete as applicable
End of the cancellation policy
Updated: November 2021