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Terms of service

FOR PURCHASES IN THE ONLINESHOP OF NOA COSMETICS E.K.

  • 1 GENERAL, SCOPE OF THE TERMS AND CONDITIONS

1.1 All deliveries and services are carried out exclusively on the basis of the following general terms and conditions (hereinafter "GTC") in the version valid at the time of the order.

1.2 Contract partner is NOA Cosmetics e.K., Knopsstr. 22, D-41061 Mönchengladbach (hereinafter “seller”).

1.3 Customers in the sense of these terms and conditions can be both consumers and entrepreneurs (hereinafter "customer"). Consumers in the sense of the terms and conditions are natural persons who conclude contracts for a purpose that can predominantly neither be attributed to their commercial nor their professional activity. Entrepreneurs in the sense of the terms and conditions are natural or legal persons or legal partnerships who, when concluding a contract with the seller, are exercising their commercial or independent professional activity.

  • 2 CONCLUSION OF CONTRACT

2.1 Our offer is binding. With your order you accept our offer to conclude a contract. The contract is concluded when your order is sent to us. You will receive an order confirmation by email.

2.2 When you have found the product you are looking for, you can take a closer look at it without obligation by clicking the product name, the product image or the button [to the product]. By clicking the button [Add to shopping cart] you can put the article in the shopping cart. You can view the contents of the shopping cart at any time by clicking the graphic shopping cart or the button [Go to shopping cart] in the shopping cart window that opens. You can change the products by adjusting the number and / or the button [Remove] and the button [Update] and / or remove them from the shopping cart. If you want to buy the products in the shopping cart, click on the [Checkout] button on the “Shopping cart” page.

In the course of the further ordering process, you can log in to your customer account or enter further contact details for shipping. After clicking the button [Continue to dispatch] you can select the dispatch options. After clicking on the button [Continue to payment] you reach the next step of the order process and can select the desired payment method. In the last step you will get an overview of your order data under "Check" and can check your details again and correct them under [Change]. You can also correct input errors by using the buttons provided to return to previous order steps, navigating backwards in the browser or canceling the order process and starting over. On the “Check” sub-page, you will be referred to our general terms and conditions and the declaration of cancellation - you can also access both texts here. To complete the purchase, you must click the [Buy] button. This will send the order to us.

  • 3 STORAGE OF THE CONTRACT TEXT

We save your order, the entered order data and the entire text of the contract. We will send you an order confirmation and order confirmation with all order data by email. You also have the option of printing out both the order and the general terms and conditions before sending the order to us.

  • 4 CONSUMER RIGHT OF WITHDRAWAL

The following right of withdrawal only applies to distance selling consumers:

  1. Cancellation policy

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, has or has taken possession of the goods.

In order to exercise your right of withdrawal, you must inform us NOA Cosmetics e.K., Knopsstr. 22, D-41061 Mönchengladbach, Telephone: +49 (0) 2161 9410512, E-Mail: mail@noacosmetics.com by means of a clear declaration (e.g. a letter sent by post or e-mail) about your decision, to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of the withdrawal

If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us 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 will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You 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 to check the nature, properties and functionality of the goods.

  1. Exclusion from the right of withdrawal

Unless otherwise agreed by the parties, the right of withdrawal does not apply to contracts for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

  • 5 SAMPLE WITHDRAWAL FORM

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

To

NOA Cosmetics e.K., 
Knopsstr. 22,
D-41061 Mönchengladbach,
E-Mail: mail@noacosmetics.com

I / we (*) hereby revoke the purchase contract concluded by me / us (*)

of the following goods (*) / the provision of the following service (*)

Ordered on (*) / received on (*)

Name of the consumer (s)

Address of the consumer (s)

Signature of the consumer (s) (only when notified on paper)

date
(*) Delete where inapplicable.

  • 6 SHIPPING COST

In addition to the prices quoted, we charge a flat rate of 3.99 euros for delivery within Germany. The shipping fee includes the statutory value added tax. From an order value of 30 euros, delivery within Germany is free of charge.

For deliveries to the EU countries, Switzerland and the United Kingdom, we charge a flat rate of 15.99 euros. From an order value of 100 euros, delivery to the EU, Switzerland and the United Kingdom is free of charge.

We charge a flat rate of 29.99 euros for all other international shipments. Orders of more than 150 euros are delivered free of charge.

  • 7 SHIPPING

7.1 Shipping

Unless otherwise specified in the respective offer, the delivery of the goods in Germany takes place within 3 - 4 days, in the case of foreign deliveries within 3 - 5 days after the conclusion of the contract.

If you have ordered items with different delivery times, we will send the goods in one shipment, unless we have made a different agreement with you. In this case, the delivery time is determined by the item with the longest delivery time that you have ordered.

  • 8 PAYMENT

8.1 Payment can be made either by:

  • Google Pay
  • Apple Pay
  • Credit card (VISA, Mastercard, Maestro, Amex)
  • Sofortüberweisung (Klarna Sofort), 
  • Klarna Sofort, Pay Later and Pay Now
  • EPS transfer
  • PayPal
  • Amazon Payment

We reserve the right to exclude individual payment methods.

8.1.1 When paying by credit card (VISA, Mastercard, Maestro, Amex), you provide us with your credit card details when you place your order. The credit card or the specified account will be debited immediately after the order has been placed and your legitimation as the legitimate credit card holder.

8.1.2 When paying with Klarna Sofort / Pay Now you will be forwarded to the Sofort GmbH payment form. Here you have to select your bank, log in with your online banking data and approve the process with a TAN. The charge is made immediately after you have placed your order.

We assign our payment claim to Klarna (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm), so that a service with debt-discharging effect is only possible to Klarna.

Please note that even when paying by immediate transfer via Klarna, we are still responsible for general customer inquiries (e.g. about goods, delivery time, shipping), returns, complaints, declarations of revocation and returns or credits.

8.1.3 For payment on account via Klarna "Pay later", Klarna checks your creditworthiness to determine whether you can be offered payment on account. If payment on account is possible, Klarna will send you an invoice with payment instructions no later than 5 days after the order has been sent or if more than 21 days have passed, regardless of whether you have already received the goods. If the order has not been sent within 21 days, please contact us first and then Klarna to pause the payment period.

We assign our payment claim to Klarna (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm), so that a service with debt-discharging effect is only possible to Klarna.

Please note that even when paying by immediate transfer via Klarna, we are still responsible for general customer inquiries (e.g. about goods, delivery time, shipping), returns, complaints, declarations of revocation and returns or credits.

8.1.4 When paying by EPS transfer, after selecting the payment method, a central list of participating Austrian banks opens where you can choose your bank. Then enter your login data in the login window of your online banking and make the transfer immediately using a TAN. No registration is required for payment with EPS transfer.

8.1.5 To pay with Amazon Pay, you will be redirected to the Amazon website after selecting the payment method. In order to be able to use the payment method, you must be registered with Amazon or register. After you have entered your access data for your Amazon account on the Amazon site, select the delivery address and the payment method and confirm the payment instructions to us. Finally, you will be redirected back to our shop, where you can complete the ordering process. After placing the order, we will ask Amazon to initiate the payment.

8.1.6 If you pay by PayPal, you will be redirected directly from the order process to the PayPal website. Payment via PayPal can only be made if you are registered with PayPal or if you register. You will then be forwarded directly to the payment page and confirm the payment instructions to us. After placing the order, PayPal will be asked to initiate the payment transaction and will do this automatically.

8.1.7 When paying by Google or Apple Pay, you can initiate payment transactions using your smartphone or wearable.

You must be registered with Google Pay to pay with Google Pay. After selecting the Google Pay payment method, please enter your access data and confirm the payment with a payment method you have saved (credit card or giro card). The transaction is carried out immediately after the order is placed. The payment data you have stored with Google Pay will not be transmitted to us.

To pay with Apple Pay, you must be registered with Apple and have activated the "Apple Pay" function. After selecting the payment method, please enter your access data for your Apple account in order to identify yourself. Then please confirm the payment instructions for the payment with one of the payment methods stored by you (credit card or giro card) to us. Payment is made immediately after placing the order.

8.2 In the case of consumers, we reserve ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve title to the purchased item until all outstanding claims from the business relationship with the buyer have been settled. The corresponding security rights are transferable to third parties.

8.3 If you are a consumer, interest is to be paid on the purchase price at 5% points above the base rate when you default on payment. If you are not a consumer, the interest rate during the delay in payment is 9 percentage points above the base rate. In addition, we are entitled to claim a flat rate damage fee of € 40 from companies in the event of default in payment. We reserve the right to prove and assert higher damage caused by default.

  • 9 WARRANTY

9.1 If you are a consumer, the guarantee is based on the statutory provisions.

9.2 If you place your order with us as an entrepreneur, the following applies:

9.2.1 Delivered goods are to be examined by the customer immediately after delivery, insofar as this is possible in the ordinary course of business. If a defect is found, we must be notified immediately. If the customer fails to notify us, the goods are deemed to have been approved, unless there is a defect that could not be identified during the examination. If such a defect appears later, the notification must be made immediately after it is discovered, otherwise the goods shall be deemed to have been approved, even with regard to this defect. Section 377 of the German Commercial Code (HGB) remains unaffected. The customer is not relieved of his obligation to examine, even in the event of recourse by the entrepreneur in accordance with Section 478 of the German Civil Code (BGB). If, in such cases, he does not immediately report the defect asserted by his customer, the goods shall be deemed to have been approved, even with regard to this defect.

9.2.2 If there is a defect, we are entitled to determine the type of supplementary performance, taking into account the type of defect and the legitimate interests of the customer. In the case of these contracts, subsequent performance is deemed to have failed after the unsuccessful third attempt. This number does not apply in the case of recourse according to § 478 BGB.

9.2.3 In the event of subsequent performance in the event of defects, we are only obliged to bear the necessary expenses, in particular transport, travel, labor and material costs, as these are not increased by the fact that the item is moved to a location other than the registered office or the commercial establishment of the customer to which the delivery was made. This number does not apply in the case of recourse according to § 478 BGB.

9.2.4 The customer's claims for defects, including claims for damages, become statute-barred after one year. This does not apply in the case of recourse according to § 478 BGB, this also does not apply in the cases of § 438 Paragraph 1 No. 2 BGB and § 634a Paragraph 1 No. 2 BGB. This also does not apply to claims for damages due to injury to life, limb or health or due to a grossly negligent or willful breach of duty by us or our vicarious agents.

  • 10 LIABILITY FOR DAMAGES AND EXPENSES

10.1 If you are a consumer, we are liable for damage in accordance with the statutory provisions.

10.2 If you place your order with us as an entrepreneur, the following applies in the event of our contractual liability for damages in accordance with sections 10.2 to 10.7:

10.2.1 If the claims are based on an intentional or grossly negligent breach of duty by us, our representatives or our vicarious agents, we are liable for compensation in accordance with the statutory provisions.

10.2.2 If we or our representatives or vicarious agents have slightly negligently breached an obligation, the fulfillment of which makes the proper execution of the contract possible in the first place, the breach of which endangers the achievement of the purpose of the contract and on whose compliance the customer regularly relies, the liability is for the foreseeable, typically occurring Damage limited.

10.2.3 Unless otherwise specified in Clauses 10.2.1 and 10.2.2, our liability for damages is excluded. The same applies if recourse claims are asserted against us as a supplier in accordance with Section 478 of the German Civil Code (BGB).

10.3 The exclusions and limitations of liability under section 10.2 also apply to other claims, in particular tort claims or claims for reimbursement of wasted expenses instead of performance.

10.4 The exclusions and limitations of liability under Section 10.2 do not apply to any existing claims pursuant to Sections 1, 4 of the Product Liability Act or due to culpable injury to life, limb or health. They also do not apply if we have assumed a guarantee for the quality of our goods or a successful performance or a procurement risk and the guarantee case has occurred or the procurement risk has materialized.

10.5 Unless the limitation of liability in accordance with Section 10.2 applies to claims arising from producer liability in accordance with Section 823 of the German Civil Code (BGB), our liability is limited to the indemnity provided by the insurance. If this does not occur or does not occur completely, we are obliged to be liable up to the amount covered. This number does not apply to culpable harm to life, body or health.

10.6 Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, employees, representatives and vicarious agents.

10.7 A reversal of the burden of proof is not associated with the above regulations.

  • 11 CUSTOMER SERVICE

If you have any questions or complaints, please contact us. You can reach us Monday - Friday between 10:00 a.m. and 3:00 p.m. on the telephone number +49 (0) 2161 9410512 or by email at mail@noacosmetics.com. 

  • 12 GIFT VOUCHERS

12.1 NOA Cosmetics gift vouchers can be redeemed at www.noacosmetics.com.

12.2 The voucher and any remaining credit can be redeemed up to 6 months from the date of issue / purchase of the voucher.

12.3 The voucher can only be redeemed before completing the order process. Subsequent billing is not possible. Only one voucher can be redeemed per order.

12.4 The voucher can only be used for the purchase of goods and not for the purchase of additional vouchers.

12.5 Voucher credit is neither paid out in cash nor is interest paid.

12.6 The voucher is transferable. The seller can pay the respective owner with discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of authorization of the respective owner.

  • 13 LEGAL ORDER, PLACE OF JURISDICTION

13.1 German law applies to the exclusion of the UN purchase law.

13.2 In the case of customers who conclude the contract for a purpose that cannot predominantly be attributed to professional or commercial activity (consumers), this choice of law does not affect the mandatory provisions of the law of the country in which the customer has his habitual residence.

13.3 For all disputes arising from the contractual relationship, if the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is based on the registered office of our company in D-41061 Mönchengladbach.

13.4 Alternative dispute resolution and OS platform

The European Commission provides a platform for online dispute resolution (OS). This can be reached via the following Internet address: https://ec.europa.eu/consumers/odr/.

We are ready to take part in an out-of-court arbitration procedure before a consumer arbitration board.

  • 14 MISCELLANEOUS

14.1 The contract language is German.

14.2 If one or more provisions of these terms and conditions are ineffective, the rest of the contract remains effective. If the provisions are ineffective, the content of the contract is based on the statutory provisions.

Status: November 2021