General Terms and Conditions
- 1 Scope of application and supplier
(1) These General Terms and Conditions apply to all orders you place
with the online shop of
Only Kosmetik GmbH
Königsallee 27
40212 Düsseldorf
Managing Director:
M. Sokiran
(2) The range of goods in our online shop is directed exclusively at purchasers who have reached the age of 18.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. As against businesses, these General Terms and Conditions therefore also apply to all future business relations, even if they are not expressly agreed again. We hereby object to the inclusion of any general terms and conditions of a customer that conflict with our General Terms and Conditions.
(4) The language of the contract is exclusively German.
(5) You can view and print the General Terms and Conditions currently in force on the website www.onlysmile.de.
- 2 Formation of the contract
(1) The presentation of goods in the online shop does not constitute a binding offer to conclude a contract of sale. It is rather a non-binding invitation to order goods in the online shop.
(2) By clicking the “buy” button you make a binding offer to purchase (§ 145 BGB). Immediately before submitting this order you can review the order once more and correct it if necessary.
(3) After your purchase offer has been received, you will receive an automatically generated email in which we confirm that we have received your order (acknowledgement of receipt). This acknowledgement of receipt does not yet constitute acceptance of your purchase offer. A contract is not yet formed by the acknowledgement of receipt.
(4) A contract of sale for the goods is formed only when we expressly declare acceptance of the purchase offer (order confirmation) or when we dispatch the goods to you without any prior express declaration of acceptance.
- 3 Prices
The prices stated on the product pages include statutory value added tax and other price components and are exclusive of the applicable shipping costs. Further information on shipping costs is available on our website under “Shipping information”.
- 4 Payment terms; default
(1) Payment is made using one of the payment methods shown to you during the order process. These currently include in particular:
Credit and debit card,
Apple Pay, Google Pay and Shop Pay,
PayPal,
Klarna,
SEPA credit transfer and other online banking methods (including giropay, eps-Überweisung, iDEAL, Bancontact, BLIK, Przelew24, MobilePay, Trustly)
(2) The selection of the payment methods available in each case rests with us. In particular, we reserve the right to offer you only selected payment methods.
(3) The purchase price is collected on completion of the order via the payment method you have chosen.
(4) When paying by PayPal you will be redirected during the order process to the website of the online provider PayPal. In order to pay the invoice amount via PayPal you must be registered there, or first register, authenticate yourself with your access data and confirm the payment instruction to us. After you have submitted the order in the shop, we ask PayPal to initiate the payment transaction. You will receive further information during the order process. The payment transaction is then carried out automatically by PayPal immediately afterwards.
(5) If you are in default of a payment, you are obliged to pay statutory default interest of 5 percentage points above the base rate. For each reminder letter sent to you after default has occurred, a reminder fee of EUR 2.50 will be charged, unless a lower or higher loss is demonstrated in the individual case.
- 5 Set-off/right of retention
(1) You are entitled to set off only if your counterclaim has been established by a final and binding court decision, is undisputed by us or has been acknowledged by us, or is in a close synallagmatic relationship with our claim.
(2) You may exercise a right of retention only to the extent that your counterclaim is based on the same contractual relationship.
- 6 Delivery; retention of title
(1) Unless otherwise agreed, the goods are delivered from our warehouse to the address you have specified.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur within the meaning of § 14 BGB, the following applies in addition:
– We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full.
Before title to the goods subject to retention of title has passed, pledging them or transferring them by way of security is not permitted.
– You may resell the goods in the ordinary course of business. In that case you hereby assign to us, already now, all claims in the amount of the invoice value that accrue to you from the resale.
- We accept the assignment; you are, however, authorised to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect the claims ourselves.
– In the event of combination or commingling of the goods subject to retention of title, we acquire co-ownership of the new item in the ratio of the invoice value of those goods to the other processed items at the time of processing.
– We undertake to release the securities to which we are entitled, on request, to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10 %. The selection of the securities to be released rests with us.
- 7 Withdrawal instruction
In the event that you are a consumer within the meaning of § 13 BGB, that is to say you make the purchase for purposes which are predominantly outside your trade, business or profession, you have a right of withdrawal in accordance with the following provisions.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you, or a third party other than the carrier and indicated by you, acquired physical possession of the goods.
To exercise the right of withdrawal, you must inform us
Only Kosmetik GmbH
Königsallee 27
40212 Düsseldorf
Managing Director:
M. Sokiran
E-mail: info@onlysmile.de
of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post, fax or email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you be charged any fees as a result of such reimbursement.
Copyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de
Chausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct cost of returning the goods.
You are liable for any diminished value of the goods only where that diminished value results from handling of the goods other than what is necessary to establish their nature, characteristics and functioning.
Copyright: HÄRTING Rechtsanwälte, 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 wish to withdraw from the contract, please complete this form and send it back.
To
Only Kosmetik GmbH
Königsallee 27
40212 Düsseldorf
Managing Director:
M. Sokiran
I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the purchase of the following goods (*):
Ordered on (*)/received on (*)
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper)
Date
(*) Delete as appropriate.
End of the withdrawal instruction
(1) The right of withdrawal does not apply
– to the supply of goods that are not prefabricated and for the manufacture of which an individual choice or decision by the consumer is decisive, or that are clearly tailored to the consumer's personal requirements,
– to the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene,
where their seal has been removed after delivery, or
– to the supply of goods which, after delivery, have by their nature been inseparably mixed with other goods.
Copyright: HÄRTING Rechtsanwälte, 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 soiling. Please return the goods to us, where possible, in their original packaging with all accessories and all packaging components. Use protective outer packaging if necessary. If you no longer have the original packaging, please ensure adequate protection against transport damage by using suitable packaging, in order to avoid claims for damages on account of damage caused by inadequate packaging.
(3) Please call us on +49 211 33764072 before returning goods in order to announce the return. This enables us to allocate the products as quickly as possible.
(4) Please note that the arrangements described in paragraphs 2 and 3 above are not a precondition for the effective exercise of the right of withdrawal.
(5) Returns from Germany are free of charge for you; on request we will provide you with a return label. For returns from other countries you bear the direct cost of returning the goods. On request we will provide you with a return label for these as well; in that case the costs will be deducted from the amount refunded to you. Alternatively, you can arrange the return yourself; we will give you the return address on request.
- 8 Transport damage
(1) If goods are delivered with obvious transport damage, please report such defects to the deliverer immediately and contact us as soon as possible.
(2) A failure to complain or to contact us has no consequences for your statutory warranty rights. However, you help us to assert our own claims against the carrier or the transport insurer.
- 9 Warranty
(1) Unless expressly agreed otherwise, your warranty claims are governed by the statutory provisions of sales law (§§ 433 et seq. BGB).
(2) If you are a consumer within the meaning of § 13 BGB, the liability period for warranty claims in respect of used goods is – by way of derogation from the statutory provisions – one year. This limitation does not apply to claims based on damage arising from injury to life, body or health, or from the breach of a material contractual obligation the fulfilment of which is essential to the proper performance of the contract and on the observance of which the contracting party may regularly rely (cardinal obligation), nor to claims based on other damage resulting from an intentional or grossly negligent breach of duty by the user or its vicarious agents.
(3) In all other respects the statutory provisions apply to the warranty, in particular the two-year limitation period pursuant to § 438 (1) no. 3 BGB.
(4) If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions apply with the following modifications:
– Only our own specifications and the manufacturer's product description are binding as to the condition of the goods, but not public statements, representations or other advertising by the manufacturer.
– You are obliged to inspect the goods without undue delay and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods.
Timely dispatch is sufficient to meet this deadline. This also applies to hidden defects identified later, from the time of their discovery. If the duty to inspect and to give notice of defects is breached, the assertion of warranty claims is excluded.
– In the event of defects we provide warranty, at our option, by repair or replacement delivery (subsequent performance). In the case of repair we do not have to bear the increased costs arising from moving the goods to a place other than the place of performance, unless such movement corresponds to the intended use of the goods.
– If subsequent performance fails twice, you may, at your option, demand a reduction in price or withdraw from the contract.
– The warranty period is one year from delivery of the goods.
- 10 Liability
(1) Unlimited liability: We are liable without limitation for intent and gross negligence and in accordance with the Product Liability Act. For slight negligence we are liable for damage arising from injury to the life, body and health of persons.
(2) In all other respects the following limitation of liability applies: in the case of slight negligence we are liable only where a material contractual obligation is breached, the fulfilment of which is essential to the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited in amount to the damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected. This limitation of liability also applies in favour of our vicarious agents.
- 11 Alternative dispute resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to settle disputes in connection with their online order without initially involving a court. The dispute resolution platform can be reached via the external link http://ec.europa.eu/consumers/odr/.
We endeavour to settle any differences arising from our contract amicably. Beyond that, we are not obliged to take part in a dispute resolution procedure and unfortunately cannot offer you participation in such a procedure either.
- 12 Final provisions
(1) Should one or more provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected thereby.
(2) Contracts between us and you are governed exclusively by German law, to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Law”).
Mandatory provisions of the country in which you are habitually resident remain unaffected by this choice of law.
(3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
As at: 08.09.2026
Copyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de
Chausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4